No. 05-40758.

487 F.3d 282 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Andre DAVIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 17, 2007.

Attorney(s) appearing for the Case

Reynaldo Padillo Morin, John Malcolm Bales, Asst. U.S. Atty., Lufkin, TX, for U.S.

John Wesley Tunnell, Tunnell & Cox, Lufkin, TX, for Davis.

Before KING, DAVIS and BARKSDALE, Circuit Judges.

KING, Circuit Judge:

Defendant-appellant Andre Davis appeals his enhanced sentence, arguing that (1) his prior convictions for robbery under Texas Penal Code § 29.02 do not qualify as violent felonies under the Armed Career Criminal Act, 18 U.S.C. § 924(e), and (2) the district court violated the Sixth Amendment by determining certain sentencing facts. For the following reasons, we AFFIRM.



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