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U.S. v. RAMIREZ

No. 13-10473.

731 F.3d 351 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Efrain Hernandez RAMIREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 23, 2013.

Attorney(s) appearing for the Case

Susan Cowger , James Wesley Hendrix , Assistant U.S. Attorneys, Aaron Wiley , U.S. Attorney's Office, Dallas, TX, for Plaintiff-Appellee.

Jerry Van Beard, Esq. , Assistant Federal Public Defender, Laura S. Harper, Esq. , Assistant Federal Public Defender, Federal Public Defender's Office, Dallas, TX, for Defendant-Appellant.

Before STEWART, Chief Judge, KING, and PRADO, Circuit Judges.

KING, Circuit Judge.

Efrain Hernandez Ramirez pled guilty to one count of illegal reentry following removal and at his sentencing, the district court applied an eight-level enhancement based on a prior conviction for an aggravated felony. The aggravated felony in question was a New York state misdemeanor conviction for third-degree sexual abuse of a fifteen-year-old girl. Ramirez appeals, arguing that his misdemeanor conviction cannot be an aggravated felony. For...

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