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U.S. v. DIAZ-CALDERONE

No. 12-12013.

716 F.3d 1345 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro DIAZ-CALDERONE, a.k.a. Pedro Calderone Diaz, a.k.a. Calderon Pedro, a.k.a. Pedro Diaz, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 23, 2013.

Attorney(s) appearing for the Case

Harriett Galvin , Wifredo A. Ferrer , Lisa Tobin Rubio , Kathleen Mary Salyer , Anne Ruth Schultz , U.S. Attys., Miami, FL, Carmen M. Lineberger , U.S. Atty., Fort Pierce, FL, for Plaintiff-Appellee.

Michael Caruso , Fed. Pub. Def., Miami, FL, Fletcher Peacock , Fed. Pub. Def., Fort Pierce, FL, for Defendant-Appellant.

Before DUBINA, Chief Judge, and BARKETT and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

We address whether, in the circumstances of this case, facts alleged in police officers' affidavits established a sufficient basis for a "crime of violence" sentencing enhancement.

FACTS

Diaz-Calderone's conviction and sentence before us was for being a deported alien found in or having reentered the United States without permission.1 He received...

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