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U.S. v. RIVAS-PALACIOS

No. 00-40508.

244 F.3d 396 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Eduardo RIVAS-PALACIOS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 9, 2001.

Attorney(s) appearing for the Case

Allen Harvey Hurst, Asst. U.S. Atty., Tyler, TX, for Plaintiff-Appellee.

Gregory A. Waldron, Amy R. Blalock, Tyler, TX, for Defendant-Appellant.

Before FARRIS, JOLLY and DAVIS, Circuit Judges.

PER CURIAM:

Rivas-Palacios appeals the district court's imposition of a 16 level sentencing enhancement, arguing that his previous conviction for unlawful possession of a short-barreled shotgun was not an "aggravated felony" within the meaning of the sentencing guidelines. For the following reasons, we affirm the judgment of the district court.

I.

Eduardo Rivas-Palacios was charged in a single-count indictment with being found present in the United...

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