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U.S. v. VALLEJO-SALAS

No. CRIM B-03-436-001.

279 F.Supp.2d 838 (2003)

UNITED STATES of America v. Noe VALLEJO-SALAS

United States District Court, S.D. Texas, Brownsville Division.

September 3, 2003.

Attorney(s) appearing for the Case

Noe Vallejo Salas, Brownsville Interpreter, U.S. District Court, Federal Public Defender, Brownsville, TX, for defendant.

MEMORANDUM OPINION

HANEN, District Judge.

The Defendant has pleaded guilty to violating 8 U.S.C. §§ 1326(a)-(b) ("Alien Unlawfully Found in the United States after Deportation"). Docket No. 4. The requisite prior felony conviction necessary to trigger subsection (b) was for "Burglary of a Building" in violation of TEX. PEN. CODE § 30.02(c)(1). At issue is how this prior conviction should be treated for purposes of sentencing...

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