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U.S. v. ROJAS-GUTIERREZ

No. 06-50584.

510 F.3d 545 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Carlos ROJAS-GUTIERREZ, also known as Juan Carlos Rojas, also known as Juan Guiterrez-Rojas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 13, 2007.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Ellen A. Lockwood, San Antonio, TX, Stephanie Smith-Burris, Waco, TX, for Plaintiff-Appellee.

Samuel L. Martinez, Waco, TX, for Defendant-Appellant.

Before GARWOOD, JOLLY and STEWART, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Juan Carlos Rojas-Gutierrez ("Rojas") pled guilty to illegal reentry after deportation, a violation of 8 U.S.C § 1326(a) and (b)(2). The district court enhanced his sentence by sixteen levels after determining that Rojas's prior conviction under California Penal Code § 220(a) qualifies as a crime of violence under the United States Sentencing Guidelines ("U.S.S.G.") § 2L1.2. Rojas now appeals the sentence imposed by the...

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