U.S. v. RODRIGUEZ-JAIMES

No. 06-40281.

481 F.3d 283 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Ramiro RODRIGUEZ-JAIMES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 9, 2007.


Attorney(s) appearing for the Case

Robert Lavelle Hobbs, Asst. U.S. Atty., Jennifer Bess Lowery, Beaumont, TX, for U.S.

Frank Warren Henderson, Amy R. Blalock, Asst. Fed. Pub. Defenders, Tyler, TX, for Defendant-Appellant.

Before DAVIS, DENNIS and PRADO, Circuit Judges.


PRADO, Circuit Judge:

In this appeal, we must consider whether the knowing possession of a handgun in violation of a Texas statute prohibiting the possession of a deadly weapon in a penal institution is a crime of violence under the United States Sentencing Guidelines ("U.S.S.G."), and whether the district court's classification of the defendant's prior convictions as crimes of violence violates the defendant's Sixth Amendment rights under United States v. Booker...

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