U.S. v. HERRERA-MONTES

No. 06-41426.

490 F.3d 390 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Jose HERRERA-MONTES, also known as Hilario Arce, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 25, 2007.


Attorney(s) appearing for the Case

Julia Bowen Stern and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Brent Evan Newton, Asst. Federal Public Defender, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, DAVIS, and WIENER, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Defendant Juan Jose Herrera-Montes pleaded guilty to reentering the United States following deportation. In sentencing Herrera, the district court levied a 16-level increase after concluding that Ortega's previous Tennessee conviction for aggravated burglary, TENN.CODE ANN. § 39-14-403, was a "crime of violence" under U.S.S.G. § 2L1.2. Herrera challenges that conclusion, which we review de novo. See United States...

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