U.S. v. ESPINOZA

No. 11-50766.

733 F.3d 568 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Raul ESPINOZA, also known as Damian Nevarez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 17, 2013.


Attorney(s) appearing for the Case

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

Before STEWART, Chief Judge, and DAVIS and WIENER, Circuit Judges.


CARL E. STEWART, Chief Judge:

The Armed Career Criminal Act ("ACCA") imposes a mandatory 15-year term of imprisonment upon convicted felons who unlawfully possess a firearm and have three or more prior convictions for committing violent felonies. 18 U.S.C. § 924(e)(1) (2006). The question before this court is whether a violation of Texas Penal Code § 22.01 constitutes a violent felony as defined by the ACCA. The district court held that it does. We AFFIRM...

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