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U.S. v. OLALDE-HERNANDEZ

No. 09-51097.

630 F.3d 372 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Antonio OLALDE-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 5, 2011.

Attorney(s) appearing for the Case

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

Sostenes Mireles, II , Sostenes Mireles II, P.L.L.C., Del Rio, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

Jose Antonio Olalde-Hernandez pleaded guilty to one count of illegal reentry into the United States following deportation under 8 U.S.C. § 1326 and was sentenced to seventy months of imprisonment. He argues that his sentence was improperly enhanced because his prior Georgia conviction for child molestation was not a "crime of violence," as the term is used in the United States Sentencing Guidelines (U.S.S.G), and that his...

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