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U.S. v. OCHOA-CRUZ

No. 05-50281.

442 F.3d 865 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Bernardo OCHOA-CRUZ, also known as Bernardo Canales, also known as Inuc Ochoa-Cruz, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 6, 2006.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Diane D. Kirstein, San Antonio, TX, for Plaintiff-Appellee.

Nancy Gosnell Revelette, El Paso, TX, for Defendant-Appellant.

Before KING, SMITH and BENAVIDES, Circuit Judges.

PER CURIAM:

This case concerns the evidence and considerations required before a district court can make a determination that a defendant has previously committed a crime of violence to allow a sentencing enhancement. Bernardo Ochoa-Cruz, the Appellant, pleaded guilty to an illegal reentry charge and subsequently received a sixteen-level sentencing enhancement based on previous convictions listed in his presentencing report ("PSR"). Ochoa-Cruz argues that the district...

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