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U.S. v. URIAS-ESCOBAR

No. 01-50553 Summary Calendar.

281 F.3d 165 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Manuel URIAS-ESCOBAR, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 23, 2002.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Angela S. Raba, San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes, Lucien B. Campbell, Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.

Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Jose Urias-Escobar appeals his seventy-month sentence for illegal reentry into the United States. He argues that the district court erred in concluding that his earlier, state conviction for misdemeanor assault was an aggravated felony that warranted an enhanced sentence under U.S.S.G. § 2L1.2 and 8 U.S.C. § 1101(a)(43)(F). Finding no error regarding this issue of first impression, we affirm.

I.

Urias-Escobar...

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