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U.S. v. HERRERA

No. 10-40500.

647 F.3d 172 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Joel Jonathan Parajon HERRERA, also known as Joel Estrada Gomes, also known as Joel J. Parajon Vaquedana, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 13, 2011.

Attorney(s) appearing for the Case

John Richard Berry , Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Fed. Pub. Def., Laura Fletcher Leavitt , Molly Estelle Odom , Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellee.

Before GARWOOD, SMITH and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Joel Jonathan Parajon Herrera (Herrera) pled guilty to illegal re-entry into the United States. The district court sentenced Herrera to 46 months of imprisonment. In making its sentencing determination, the district court imposed a sixteen-level enhancement for a past conviction, which the district court determined was a "crime of violence" pursuant to United States Sentencing Guidelines (hereinafter Guidelines) § 2L1.2(b)(1)(A...

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