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U.S. v. ACUNA-CUADROS

No. 03-20345.

385 F.3d 875 (2004)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. Rodrigo ACUNA-CUADROS, also known as Rodrigo Cuadros-Acuna, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

September 21, 2004.

Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder (argued), James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Brent Evan Newton, Asst. Fed. Pub. Def., Molly E. Odom (argued), Houston, TX, for Acuna-Cuadros.

Before KING, Chief Judge, and JONES and SMITH, Circuit Judges.

PER CURIAM:

This case involves the proper application of the sixteen-level "crime of violence" sentence enhancement under §2L1.2(b)(1)(A)(ii) of the Sentencing Guidelines. The defendant was convicted after a bench trial of illegal reentry after deportation following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). The district court did not apply the enhancement because it found...

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