U.S. v. LOPEZ-DELEON

No. 06-41553.

513 F.3d 472 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Vinicio Cruz LOPEZ-DeLEON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 9, 2008.


Attorney(s) appearing for the Case

Jeffery Alan Babcock (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellant.

Before WIENER, DeMOSS, and PRADO, Circuit Judges.


DeMOSS, Circuit Judge:

Appellant Vinicio Cruz Lopez-DeLeon (Lopez) appeals his forty-six month sentence, imposed after he pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326(a). Over Lopez's objection, the district court enhanced his base offense level by sixteen levels, holding that Lopez's prior California conviction for sexual intercourse with a minor was a "crime of violence" within § 2L1.2(b)(1)(A)(ii) of the United States Sentencing Guidelines...

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