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U.S. v. ROSAS-PULIDO

No. 06-41223.

526 F.3d 829 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar Adahir ROSAS-PULIDO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 1, 2008.

Attorney(s) appearing for the Case

Paula Camille Offenhauser, James Lee Turner, Asst. U.S. Attys., Tony Ray Roberts (argued), Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Peter J Bray (argued), Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Oscar Adahir Rosas-Pulido, a citizen of Mexico, pled guilty to violating 8 U.S.C. § 1326(a) and (b) by being unlawfully present in the United States after having previously been deported. He appeals his sentence, contending the district court erred in applying a 16-level increase in calculating the advisory sentencing range after concluding that a prior conviction for unlawful sexual contact under Minnesota law was a crime of violence within...

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