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U.S. v. MIRANDA-ORTEGON

No. 10-51129.

670 F.3d 661 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis MIRANDA-ORTEGON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 10, 2012.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Margaret Mary Embry , Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch , Asst. Fed. Pub. Def., Henry Joseph Bemporad , Fed. Pub. Def., Fed. Pub. Defender's Office, San Antonio, TX, for Defendant-Appellant.

Before REAVLEY, DAVIS and PRADO, Circuit Judges.

REAVLEY, Circuit Judge:

Jose Miranda Ortegon challenges the sentence imposed on him after pleading guilty to illegally reentering the United States after deportation. He contends the district court erred when calculating his offense level under the United States Sentencing Guidelines, in particular by applying a sixteen-level adjustment on the basis of an Oklahoma conviction for domestic assault and battery, which the district court concluded was a "crime of violence...

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