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U.S. v. ORTEGA-GONZAGA

No. 06-40493.

490 F.3d 393 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Humberto ORTEGA-GONZAGA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 25, 2007.

Attorney(s) appearing for the Case

Mark Michael Dowd, Brownsville, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Sarah Beth Landau, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, DAVIS, and WIENER, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Defendant Humberto Ortega-Gonzalez pleaded guilty to reentering the United States following deportation. The district court imposed a 16-level increase in his sentence, concluding that Ortega's previous California conviction for burglary, CAL.PENAL CODE § 459, was a "crime of violence" under U.S.S.G. § 2L1.2. Ortega challenges that conclusion,1 which we review de novo. See United States...

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