U.S. v. MARTINEZ-PARAMO

No. 03-41031.

380 F.3d 799 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben MARTINEZ-PARAMO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 4, 2004.


Attorney(s) appearing for the Case

David Hill Peck (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Federal Public Defender, Timothy William Crooks, Asst. Federal Public Defender (argued), Darrell L. Bryan, Houston, TX, for Defendant-Appellant.

Before BARKSDALE, EMILIO M. GARZA and STEWART, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

For Ruben Martinez-Paramo's challenge to his conviction and sentence, primarily at issue is whether, for sentence enhancement purposes, his prior Pennsylvania conviction for the misdemeanor offense of terroristic threats is a requisite "crime of violence" under § 2L1.2 of the Sentencing Guidelines. The record is not sufficient to decide that issue. He acknowledges our precedent forecloses his constitutional challenge to...

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