U.S. v. LUCIANO-RODRIGUEZ

No. 04-41016.

442 F.3d 320 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Domingo LUCIANO-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 3, 2006.


Attorney(s) appearing for the Case

Renata Ann Gowie (argued) and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt (argued), Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before JOLLY, DENNIS and OWEN, Circuit Judges.


DENNIS, Circuit Judge:

Defendant-Appellant Domingo Luciano-Rodriguez appeals his conviction and sentence for attempted illegal reentry following a prior deportation in violation of 8 U.S.C. § 1326. Luciano-Rodriguez claims that the district court erred in enhancing his base offense level based on a finding that his prior conviction for sexual assault constituted a crime of violence under U.S.S.G. § 2L1.2(b)(1)(A). Luciano-Rodriguez also argues that the district...

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