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U.S. v. RODRIGUEZ-RODRIGUEZ

No. 02-20697.

388 F.3d 466 (2004)

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

United States Court of Appeals, Fifth Circuit.

October 15, 2004.

Attorney(s) appearing for the Case

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

Andrew J. Williams, Law Office of Andrew J. Williams, Houston, TX, for Defendant-Appellant.

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

PER CURIAM:

In response to the Government's petition, a panel rehearing is granted. After further reflection and review, we have determined that the original opinion should be vacated, and the following opinion substituted in its place.

Jesus Rodriguez-Rodriguez ("Rodriguez") appeals his sentence for illegal reentry after deportation. The issue is whether the district court correctly enhanced Rodriguez's sentence based on a determination that two prior crimes...

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