U.S. v. NERI-HERNANDES

No. 06-41173.

504 F.3d 587 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Juan NERI-HERNANDES, also known as Juan Nerre-Fernandez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 12, 2007.


Attorney(s) appearing for the Case

Mark Michael Dowd, Brownsville, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Sarah Beth Landau, Houston, TX, for Defendant-Appellant.

Before JOLLY, DAVIS and WIENER, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Defendant Juan Neri-Hernandes (Neri) appeals his sentence imposed after a guilty plea conviction for being unlawfully present in the United States under 8 U.S.C. § 1326. Neri's main argument is that the district court erred in looking to the indictment and the Certificate of Disposition in determining whether Neri's prior New York conviction was a crime of violence for purposes of imposing the enhancement under U.S.S.G. §...

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