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U.S. v. MENDEZ-CASAREZ

No. 09-40825.

624 F.3d 233 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Miguel MENDEZ-CASAREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 15, 2010.

Attorney(s) appearing for the Case

Jeffery Alan Babcock , James Lee Turner , Sherri Lynn Zack (argued), Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers , Fed. Pub. Def., Timothy William Crooks , Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellant.

Before DENNIS, OWEN and SOUTHWICK, Circuit Judges.

DENNIS, Circuit Judge:

Defendant Jose Miguel Mendez-Casarez pleaded guilty to one count of illegal reentry in violation of 8 U.S.C. § 1326(a). The district court sentenced him to 41 months of imprisonment and two years of supervised release. Mendez-Casarez appeals his sentence, contending that the district court erred in determining that a prior conviction for solicitation to commit assault was a crime of violence for the purposes of U.S.S.G. § 2L1.2(b)...

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