U.S. v. BALDERAS-RUBIO

No. 06-41153.

499 F.3d 470 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge BALDERAS-RUBIO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 5, 2007.


Attorney(s) appearing for the Case

Jeffery Alan Babcock, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

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

Before KING, GARZA and BENAVIDES, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Jorge Balderas-Rubio ("Balderas-Rubio") appeals the sentence imposed after his guilty-plea conviction for illegal reentry into the United States following deportation, in violation of 8 U.S.C. § 1326. Balderas-Rubio challenges the district court's determination that his prior conviction for "Indecency or Lewd Acts with a Child Under the Age of Sixteen," in violation of Okla. Stat. tit. 21, § 1123, constitutes "sexual abuse...

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