No. 06-2364.

527 F.3d 1110 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Monico ZUNIGA-SOTO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 3, 2008.

Attorney(s) appearing for the Case

Scott M. Davidson, Albuquerque, NM, for Defendant-Appellant, Monico Zuniga-Soto.

William J. Pflugrath, Assistant United States Attorney (Larry Gomez, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before HENRY, Chief Judge, McWILLIAMS, Senior Circuit Judge, and HOLMES, Circuit Judge.

HENRY, Chief Judge.

Monico Zuniga-Soto pleaded guilty to illegally re-entering the United States in violation of 8 U.S.C. § 1326 and now appeals his sentence. He argues that the district court erred in applying a sixteen-level enhancement to his Guidelines calculation because it incorrectly determined that his prior conviction for assaulting a public servant in violation of section 22.01 of the Texas Penal Code qualified...

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