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U.S. v. MARTINEZ-MATA

No. 03-40490.

393 F.3d 625 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Ismael MARTINEZ-MATA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 10, 2004.

Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder (argued), James Lee Turner, Renata Ann Gowie, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Fed. Pub. Def., H. Michael Sokolow (argued), Houston, TX, for Defendant-Appellant.

Before GARZA, DeMOSS and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

This case involves the application of the sixteen-level "crime of violence" sentence enhancement under § 2L1.2 of the U.S. Sentencing Guidelines. Appellant Ismael Martinez-Mata's sentence for illegally reentering the United States in violation of 8 U.S.C. § 1326 included a sixteen-level enhancement based on a prior conviction of the Texas crime of retaliation. Martinez-Mata contends that the retaliation offense is not...

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