U.S. v. HERNANDEZ-GALVAN

No. 09-40872.

632 F.3d 192 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Guadalupe HERNANDEZ-GALVAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 31, 2011.


Attorney(s) appearing for the Case

Lauretta Drake Bahry (argued), James Lee Turner , Asst. U.S. Attys., Houston, TX, for U.S.

Kimberly S. Keller (argued), (Court-Appointed), Keller Law Firm, Boerne, TX, for Defendant-Appellant.

Before DeMOSS, BENAVIDES and ELROD, Circuit Judges.


JENNIFER WALKER ELROD, Circuit Judge:

Jose Guadalupe Hernandez-Galvan appeals his judgment of conviction and sentence for illegal reentry in violation of 18 U.S.C. § 1326. Specifically, he challenges the district court's conclusion that his prior North Carolina conviction for attempted common-law robbery is for a "crime of violence," requiring a 16-level increase under the Sentencing Guidelines. Because Hernandez raises only a theoretical possibility—rather...

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