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U.S. v. SANTIESTEBAN-HERNANDEZ

No. 05-50399.

469 F.3d 376 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro SANTIESTEBAN-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 31, 2006.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for U.S.

M. Carolyn Fuentes, Lucien B. Campbell, Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.

Before KING, GARWOOD and JOLLY, Circuit Judges.

KING, Circuit Judge:

Defendant-appellant Pedro Santiesteban-Hernandez appeals the sentence imposed by the district court upon his conviction for illegal reentry, arguing that (1) his conviction for robbery under Texas Penal Code § 29.02(a)(1) does not qualify as a crime of violence under § 2L1.2 of the Sentencing Guidelines, and (2) the application of the enhancement penalties of 8 U.S.C. § 1326(b)(1) violates his due process rights. For the following...

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