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U.S. v. ECHEVERRIA-GOMEZ

No. 09-50261.

627 F.3d 971 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Julio ECHEVERRIA-GOMEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 8, 2010.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Elizabeth Berenguer , Asst. U.S. Attorneys, San Antonio, TX, for Plaintiff-Appellee.

Alex A. Melendez , El Paso, TX, for Defendant-Appellant.

Jose Julio Echeverria-Gomez , Beaumont, TX, pro se.

Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.

PER CURIAM:

Jose Julio Echeverria-Gomez appeals the forty-eight-month sentence he received after pleading guilty to a charge of illegally reentering the United States following deportation in violation of 8 U.S.C. § 1326. Echeverria-Gomez argues that the district court committed plain error by treating his prior conviction for first-degree burglary under California Penal Code §§ 459 & 460(a) as a conviction for an aggravated felony within the meaning...

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