U.S. v. MARQUEZ

No. 09-50372.

626 F.3d 214 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Javier MARQUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 10, 2010.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Mara Asya Blatt , Asst. U.S. Attys., San Antonio, TX, Melissa Arbus Sherry (argued), U.S. Dept. of Justice, Office of Sol. Gen., Washington, DC, for U.S.

Philip J. Lynch , Asst. Fed. Pub. Def. (argued), Henry Joseph Bemporad , Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.

Before BARKSDALE, DENNIS and OWEN, Circuit Judges.


OWEN, Circuit Judge:

Francisco Javier Marquez contends that his prior conviction for possession of a deadly weapon by a prisoner is not a crime of violence within the meaning of section 4B1.2(a)(2) of the Sentencing Guidelines1 and therefore that the district court erred in sentencing him as a career offender under section 4B1.1.2 We affirm.

I

Marquez...

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