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U.S. v. MORALES-MOTA

No. 12-40491 Summary Calendar.

704 F.3d 410 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco MORALES-MOTA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 9, 2013.

Attorney(s) appearing for the Case

Jeffery Alan Babcock , Assistant U.S. Attorney, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's, Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Laura Fletcher Leavitt , Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before SMITH, PRADO, and HIGGINSON, Circuit Judges.

PER CURIAM:

Francisco Morales-Mota pleaded guilty, without the benefit of a plea agreement, of being unlawfully present in the United States after having been deported. His offense level was enhanced by sixteen under U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on a conviction of burglary of a habitation with intent to commit theft, which was determined to be a crime of violence ("COV"). Morales-Mota ultimately received a forty-six-month sentence, which was at the bottom...

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