U.S. v. GONZALEZ-RAMIREZ

No. 04-51355.

477 F.3d 310 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto GONZALEZ-RAMIREZ, also known as Roberto Gonzalez, also known as Emerlindo Santos Castro-Castro, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 30, 2007.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Margaret M. Embry (argued), San Antonio, TX, for U.S.

Donna F. Coltharp (argued), Lucien B. Campbell, Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.

Before JOLLY, PRADO and OWEN, Circuit Judges.


OWEN, Circuit Judge:

The defendant contends that a conviction for attempted kidnapping under Tennessee law is not a "crime of violence" for purposes of section 2L1.2 of the United States Sentencing Guidelines. Because Tennessee's statutory definition of kidnapping falls within the generic, contemporary meaning of "kidnapping," an enumerated offense in the commentary to section 2L1.2, the district court did not err in applying...

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