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U.S. v. RESENDIZ-MORENO

No. 11-51139.

705 F.3d 203 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Leodegario RESENDIZ-MORENO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 16, 2013.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Mara Asya Blatt , Assistant U.S. Attorneys, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

Javier N. Maldonado , Law Office of Javier N. Maldonado, P.C., San Antonio, TX, for Defendant-Appellant.

Before DAVIS, JONES, and SMITH, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Defendant Leodegario Resendiz-Moreno ("Resendiz-Moreno") appeals his sentence imposed by the district court after pleading guilty to illegal reentry into the United States. He contends the district court erroneously enhanced his sentence based on his conviction under Georgia Code § 16-5-70(b), which the court concluded was a crime of violence. Because the statute under which Resendiz-Moreno was convicted does not require a showing...

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