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U.S. v. ESPARZA-PEREZ

No. 11-50090.

681 F.3d 228 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Felipe De Jesus ESPARZA-PEREZ, a/k/a Felipe Jesus Esparza, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 14, 2012.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Asst. U.S. Atty., San Antonio, TX, Daphne Danille Newaz (argued), Asst. U.S. Atty., El Paso, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell (argued), Donna F. Coltharp , Asst. Fed. Pub. Defenders, San Antonio, TX, for Defendant-Appellant.

Before GARZA, DENNIS and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

Defendant Felipe De Jesus Esparza-Perez pleaded guilty to a one-count indictment charging him with attempting to reenter the United States unlawfully after removal, in violation of 8 U.S.C. § 1326. At sentencing, the district court enhanced Esparza-Perez's offense level by sixteen levels based on its conclusion that Esparza-Perez's prior Arkansas conviction for aggravated assault was a conviction for a crime of violence within the meaning...

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