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U.S. v. NAJERA-NAJERA

No. 07-10464.

519 F.3d 509 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto NAJERA-NAJERA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 7, 2008.

Attorney(s) appearing for the Case

Renee Harris Toliver (argued), Nancy E. Larson, Asst. U.S. Atty., Fort Worth, TX, for Plaintiff-Appellee.

Kevin Joel Page (argued), Jason Douglas Hawkins, Dallas, TX, Bonita L. Gunden, Asst. Federal Public Defender, Amarillo, TX, for Defendant-Appellant.

Before REAVLEY, BENAVIDES and ELROD, Circuit Judges.

ELROD, Circuit Judge:

Does "indecency with a child" under Texas law constitute a "crime of violence" for purposes of the Federal Sentencing Guidelines? The district court answered "yes" and enhanced Appellant's sentence for illegal reentry accordingly. We affirm.

I. BACKGROUND

Appellant Roberto Najera-Najera pled guilty in the district court below to one count of illegally reentering the United States after being deported, in violation of 8 U.S.C...

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