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U.S. v. LANDEROS-ARREOLA

No. 00-50512.

260 F.3d 407 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. David LANDEROS-ARREOLA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 27, 2001.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Mark Randolph Stelmach (argued), Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee.

Henry Joseph Bemporad (argued), San Antonio, TX, for Defendant-Appellant.

Before POLITZ and EMILIO M. GARZA, Circuit Judges, and KAZEN, District Judge.

EMILIO M. GARZA, Circuit Judge:

David Landeros-Arreola ("Landeros") pleaded guilty to re-entering the United States illegally, in violation of 8 U.S.C. § 1326. At sentencing, the district court determined that Landeros's prior Colorado felony conviction for menacing constituted an aggravated felony, which subjected him to U.S.S.G. § 2L1.2's1 penalty enhancement. On appeal, Landeros challenges this determination. Additionally...

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