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U.S. v. RIVA

No. 05-10059.

440 F.3d 722 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald H. RIVA, III, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 17, 2006.

Attorney(s) appearing for the Case

Amanda R. Burch, Lubbock, TX, for U.S.

Jerry V. Beard, Asst. Fed. Pub. Def., Lubbock, TX, for Riva.

Before DAVIS, SMITH and DENNIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Defendant-Appellant, Ronald H. Riva, appeals his sentence imposed on a guilty-plea for unlawful possession of a firearm. Appellant argues that the district court erred by enhancing his sentence under U.S.S.G. § 4B1.2(a) based on its conclusion that his prior Texas conviction for unlawful restraint of a person less than 17 years of age1 was a "crime of violence". Because

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