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U.S. v. FLORES-GALLO

No. 09-40882.

625 F.3d 819 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Fabian FLORES-GALLO, also known as Fabian Flores-Gallos, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 5, 2010.

Attorney(s) appearing for the Case

Amy Howell Alaniz , Asst. U.S. Atty., McAllen, TX, James Lee Turner , Asst. U.S. Atty., Houston, TX, for U.S.

Fabian Flores-Gallo , Yazoo City, MS, pro se.

Before JONES, Chief Judge, and REAVLEY and HAYNES, Circuit Judges.

PER CURIAM:

Fabian Flores-Gallo appeals the district court's application of a sixteen-level "crime of violence" enhancement pursuant to § 2L1.2(b)(1)(A)(ii) of the U.S. Sentencing Guidelines. Flores-Gallo pleaded guilty to being unlawfully present in the United States following deportation. The Presentence Report recommended a sixteen-level "crime of violence" enhancement based on Flores-Gallo's two prior convictions in Kansas for aggravated battery. Over Flores...

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