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U.S. v. FERNANDEZ-CUSCO

No. 05-40289.

447 F.3d 382 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Juan FERNANDEZ-CUSCO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 20, 2006.

Attorney(s) appearing for the Case

Renata Ann Gowie, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def., Houston, TX, for Fernandez-Cusco.

Before BARKSDALE, STEWART and CLEMENT, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Having pleaded guilty to illegal re-entry, in violation of 8 U.S.C. § 1326(a) & (b), Juan Fernandez-Cusco contests: (1) the constitutionality of 8 U.S.C. § 1326(b)(1) & (2) (prohibiting aliens convicted of certain criminal behavior from reentering the United States); (2) his previous state-felony conviction for third-degree criminal sexual conduct being classified as the requisite "crime of violence" for imposing...

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