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U.S. v. PEREZ-VARGAS

No. 04-1321.

414 F.3d 1282 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Ramon PEREZ-VARGAS, a/k/a Ramon Perez, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 15, 2005.

Attorney(s) appearing for the Case

Lynn C. Hartfield, Research and Writing Specialist (Robert W. Pepin, Assistant Federal Public Defender, and Raymond P. Moore, Federal Public Defender, on the briefs), Office of the Federal Public Defender, District of Colorado and Wyoming, Denver, CO, for Defendant-Appellant.

John M. Hutchins, Assistant United States Attorney (William J. Loene, Acting United States Attorney, with him on the brief), Office of the United States Attorney, Denver, CO, for Plaintiff-Appellee.

Before SEYMOUR, KELLY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Ramon Perez-Vargas challenges the district court's 16-level sentence enhancement of his sentence, which resulted from the court's conclusion that his prior conviction for third degree assault in Colorado was a "crime of violence," as defined by United States Sentencing Guideline (USSG) § 2L1.2. In addition, Perez-Vargas argues the district court violated United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005...

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