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U.S. v. BARRAZA-RAMOS

No. 08-3027.

550 F.3d 1246 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Tomas BARRAZA-RAMOS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 30, 2008.

Attorney(s) appearing for the Case

David J. Freund, Assistant Federal Public Defender, Office of the Federal Public Defender, Wichita, KS, appearing for Appellant.

Leon J. Patton, Assistant United States Attorney (Eric F. Melgren, United States Attorney, and Brent I. Anderson, Assistant United States Attorney, on the brief), Office of the United States Attorney for the District of Kansas, Wichita, KS, appearing for Appellee.

Before TACHA, KELLY, and HOLMES, Circuit Judges.

TACHA, Circuit Judge.

Defendant-Appellant Tomas Barraza-Ramos pleaded guilty to unlawful reentry by a deported alien previously convicted of an aggravated felony, a violation of 8 U.S.C. § 1326(a) and (b)(1). He appeals his 192-month sentence, arguing that his prior conviction under Fla. Stat. § 784.045(1)(b) for felony aggravated battery is not a conviction for a felony "crime of violence" warranting a sixteen...

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