U.S. v. JASSO

No. 08-10453.

587 F.3d 706 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Maximiliano JASSO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised November 10, 2009.


Attorney(s) appearing for the Case

Susan Cowger, Asst. U.S. Atty. (argued), Dallas, TX, for U.S.

William Reynolds Biggs (argued), Kevin Joel Page, Fed. Pub. Defenders, Dallas, TX, for Jasso.

Before KING, DAVIS and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

The defendant-appellant appeals his sentence, arguing that the district court erred in assigning him two additional criminal history points, pursuant to § 4A1.2(e) and (k) of the United States Sentencing Guidelines (U.S.S.G.), based on his 1995 assault conviction in Texas state court and the subsequent sentence the Texas state court issued when he violated his term of probation.

Although we acknowledge that the district court...

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