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U.S. v. GONZALEZ-JAQUEZ

No. 08-2218.

566 F.3d 1250 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Javier GONZALEZ-JAQUEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 3, 2009.

Attorney(s) appearing for the Case

Joel M. Carson III, Roswell, NM, for Defendant-Appellant.

Laura Fashing, Assistant U.S. Attorney (Gregory J. Fouratt, United States Attorney with her on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before LUCERO, HOLLOWAY and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Appellant asks us to remand his case for re-sentencing because of the district court's impermissible reliance on the pre-sentencing report (PSR) to determine that he had committed a "crime of violence." We affirm.

I. Facts

On July 20, 2007, Javier Gonzalez-Jaquez (hereinafter "Mr. Gonzalez"), pled guilty to illegally re-entering the United States. The probate officer prepared a PSR, recommending a sixteen level enhancement...

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