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U.S. v. GARZA-GUIJAN

No. 11-20508.

714 F.3d 332 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Julian GARZA-GUIJAN, also known as Julian Garza, also known as Julien Garza-Guijan, also known as Julian Garza-Guillen, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 29, 2013.

Attorney(s) appearing for the Case

Terri-Lei O'Malley , Renata Ann Gowie , Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Margaret Christina Ling , Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before JONES, DENNIS, and HIGGINSON, Circuit Judges.

DENNIS, Circuit Judge:

Julian Garza-Guijan ("Garza") pleaded guilty to illegal reentry of an alien previously removed subsequent to a conviction for commission of an aggravated felony in violation of 8 U.S.C. § 1326(a) and (b)(2). The presentence report recommended a sixteen-level sentence enhancement under U.S. Sentencing Guidelines § 2L1.2(b)(1)(A)(ii) for reentry "after ... a conviction for a felony that is ... a crime of violence" based on Garza's prior...

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