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U.S. v. RODRIGUEZ-RODRIGUEZ

No. 02-20697.

323 F.3d 317 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus RODRIGUEZ-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 27, 2003.

Attorney(s) appearing for the Case

Jeffery Alan Babcock, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Andrew J. Williams, Humble, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, EMILIO M. GARZA and DENNIS, Circuit Judges.

PER CURIAM:

Jesus Rodriguez-Rodriguez ("Rodriguez") appeals his sentence for illegal reentry after deportation. The issue is whether the Texas offenses of burglary of a building and unauthorized use of a motor vehicle are crimes of violence under the 2001 version of United States Sentencing Guidelines ("U.S.S.G.") § 2L1.2(b)(1)(A)(ii), requiring the enhanced sentence imposed on Rodriguez. We hold that they are not.

Rodriguez was deported from the United...

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