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U.S. v. CARBAJAL-DIAZ

No. 06-41491.

508 F.3d 804 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Alejandro Mauricio CARBAJAL-DIAZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 26, 2007.

Attorney(s) appearing for the Case

Michele Palacios, McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling and Laura Fletcher Leavitt, Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before REAVLEY, SMITH and GARZA, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Alejandro Carbajal-Diaz appeals his sentence for unlawful reentry into the United States after deportation. Because the district court did not err in applying a "crime of violence" ("COV") sentence enhancement for a prior burglary conviction, we affirm.

I.

Carbajal-Diaz, an alien, pleaded guilty of aggravated felony burglary and misdemeanor sexual misconduct in Missouri in 2001 and was deported in 2005. While on parole...

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