U.S. v. GARCIA-JUAREZ

No. 04-3730.

421 F.3d 655 (2005)

UNITED STATES of America, Appellant, v. Constantino GARCIA-JUAREZ, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 29, 2005.


Attorney(s) appearing for the Case

John E. Beamer, AUSA, argued, Des Moines, IA, for appellant.

Timothy S. Ross-Boon, FPD, argued, Des Moines, IA, for appellee.

Before MURPHY, BYE, and SMITH, Circuit Judges.


SMITH, Circuit Judge.

Constantino Garcia-Juarez pleaded guilty to being found in the United States after a prior deportation in violation of 8 U.S.C. § 1326(a). At sentencing, over the government's objection, the district court determined that Garcia-Juarez's prior conviction for Lascivious Acts With a Child in violation of Iowa Code § 709.8 was an aggravated felony, but not a crime of violence under U.S.S.G. § 2L1.2(b)(1)(B). We conclude that Garcia...

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