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U.S. v. RAMON SILVA

No. 09-2035.

608 F.3d 663 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jacob RAMON SILVA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 14, 2010.

Attorney(s) appearing for the Case

John V. Butcher, Assistant Federal Public Defender, Office of Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

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

Before BRISCOE, Chief Judge, BALDOCK and HARTZ, Circuit Judges.

BRISCOE, Chief Judge.

Defendant-Appellant Jacob Ramon Silva appeals the district court's determination that his prior New Mexico convictions for burglary under N.M Stat. § 30-16-3(B) and aggravated assault under N.M. Stat. § 30-3-2(A) qualify as violent felonies under the Armed Career Criminal Act, 18 U.S.C. § 924(e) ("ACCA"). Exercising jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we affirm.

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