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U.S. v. HERNANDEZ

No. 08-6190.

568 F.3d 827 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Alex Joe HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 16, 2009.

Attorney(s) appearing for the Case

William P. Earley, Assistant Federal Public Defender, Office of the Federal Public Defender, Oklahoma City, OK, for Appellant.

Edward J. Kumiega, Assistant United States Attorney, Office of the United States Attorney, Oklahoma City, OK, for Appellee.

Before MURPHY, ANDERSON, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Alex Joe Hernandez appeals the district court's conclusion that his deadly conduct conviction under Texas law constitutes a prior violent felony under the Armed Career Criminal Act (ACCA). We agree that Hernandez's conviction under Texas Penal Code § 22.05(b)(1) for firing a gun at or in the direction of another person constitutes a violent felony because it involves the use, attempted use or threatened use of physical force against...

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