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U.S. v. GOMEZ-GOMEZ

No. 05-41461.

493 F.3d 562 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge GOMEZ-GOMEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 20, 2007.

Attorney(s) appearing for the Case

Tony Ray Roberts (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Margaret Christina Ling, Asst. Federal Public Defender (argued), Philip G. Gallagher, Houston, TX, for Defendant-Appellant.

Before REAVLEY, JOLLY and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Jorge Gomez-Gomez was convicted by a jury of illegal reentry into the United States after deportation in violation of 8 U.S.C. § 1326(a) and (b). At sentencing, the district judge imposed a sixteen-level "crime of violence" enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on Gomez-Gomez's 1991 rape conviction in California. Gomez-Gomez objected to the enhancement, arguing that his conviction for rape was not a "crime...

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