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U.S. v. INIGUEZ-BARBA

No. 06-50434.

485 F.3d 790 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo INIGUEZ-BARBA, also known as David Garcia, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 25, 2007.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mara A. Blatt, San Antonio, TX, for Plaintiff-Appellee.

Donna F. Coltharp, Lucien B. Campbell, Federal Public Defender, San Antonio, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit Judges.

PER CURIAM:

Defendant Gerardo Iniguez-Barba pleaded guilty to reentering the United States following deportation. In sentencing Iniguez, the district court levied a 16-level increase after concluding that Iniguez's previous New York conviction for second-degree kidnapping, NEW YORK PENAL LAW § 135.20, was a "crime of violence" under U.S.S.G. § 2L1.2. Iniguez challenges that conclusion,1 which we review de novo. See United...

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