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U.S. v. VALDEZ-VALDEZ

No. 97-30792.

143 F.3d 196 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Homero VALDEZ-VALDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 8, 1998.

Attorney(s) appearing for the Case

Nancy A. Nungesser, Asst. U.S. Atty., New Orleans, LA, for Plaintiff-Appellee.

Claude John Kelly, III, Federal Public Defender's Office, New Orleans, LA, for Defendant-Appellant.

Before GARWOOD, JONES and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Defendant-Appellant Homero Valdez-Valdez, who pleaded guilty to re-entry by a deported alien, appeals the district court's enhancement of his sentence and assessment of criminal history points as a result of his felony kidnaping "conviction" in Texas, which occurred before his deportation. Valdez contends that the purported conviction is merely a deferred adjudication, as the state court did not enter an adjudication of guilt. The gravamen of...

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