U.S. v. GARCIA-MENDEZ

No. 04-41152.

420 F.3d 454 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Maria GARCIA-MENDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 8, 2005.


Attorney(s) appearing for the Case

Julia Bowen Stern, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Houston, TX, for Garcia-Mendez.

Before DAVIS, JONES and GARZA, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

In this appeal, we consider whether the district court correctly enhanced appellant's sentence based on its conclusion that defendant's prior Texas conviction for second degree burglary of a habitation qualified as a crime of violence under U.S.S.G. § 2L1.1. We conclude that this conviction is equivalent to burglary of a dwelling, an enumerated offense under that guideline, and agree with the district court that the enhancement...

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