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U.S. v. CHACON

No. 12-41301.

742 F.3d 219 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Alfredo CHACON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 6, 2014.

Attorney(s) appearing for the Case

James Lee Turner , Assistant U.S. Attorney and Renata Ann Gowie , Assistant U.S. Attorney, Houston, TX, for Plaintiff-Appellee.

Philip Thomas Cowen, Esq. , Law Office of Philip Cowen Brownsville, TX, Ignacio Torteya, III , Torteya Law Firm, Brownsville, TX, for Defendant-Appellant.

Before SMITH, DeMOSS, and HIGGINSON, Circuit Judges.

HAROLD R. DeMOSS, Circuit Judge.

Alfredo Chacon (Chacon) was convicted of illegal reentry and sentenced to 46 months' imprisonment. On appeal he challenges the 16-level enhancement he received which was based on the district court's determination that he had committed a crime of violence under U.S.S.G. § 2L1.2(b)(1)(A)(ii). Specifically, he argues that the enhancement was improper because he was convicted of an attempt offense and because the district court was...

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