U.S. v. CARDENAS-CARDENAS

No. 08-40210 Summary Calendar.

543 F.3d 731 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Heriberto CARDENAS-CARDENAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 25, 2008.


Attorney(s) appearing for the Case

Renata Ann Gowie, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Margaret Christina Ling, Asst. Fed. Pub. Defenders, Molly E. Odom, Houston, TX, for Defendant-Appellant.

Before JOLLY, BENAVIDES and HAYNES, Circuit Judges.


PER CURIAM:

Heriberto Cardenas-Cardenas appeals the sentence imposed following his conviction on his guilty plea to a charge of being an alien unlawfully present in the United States after deportation. He argues that the district court reversibly erred by imposing a 16-level increase to his base offense level based upon its determination that his prior Texas conviction for burglary of a habitation constituted a crime of violence.

As Cardenas-Cardenas acknowledges...

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