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U.S. v. BONILLA-MUNGIA

No. 03-41751.

422 F.3d 316 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jose BONILLA-MUNGIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 23, 2005.

Attorney(s) appearing for the Case

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

Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow (argued), Darrell L. Bryan, Houston, TX, for Defendant-Appellant.

Before GARWOOD, JONES and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Jose Bonilla-Mungia ("Bonilla") pleaded guilty to being unlawfully present in the United States following deportation and was sentenced to 41 months' imprisonment. He now appeals the sentence imposed by the district court, asserting that the court plainly erred by enhancing his sentence sixteen levels for a prior "crime of violence." He also appeals his conviction by challenging the constitutionality of the "felony" and "aggravated felony" enhancement...

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