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U.S. v. CARRASCO-TERCERO

No. 12-51243.

745 F.3d 192 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Valentin CARRASCO-TERCERO, also known as Gerardo Santacruz, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 13, 2014.

Attorney(s) appearing for the Case

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

M. Carolyn Fuentes , Federal Public Defender's Office, San Antonio, TX, Donna F. Coltharp , Assistant Federal Public Defender, Federal Public Defender's Office, Del Rio, TX, for Defendant-Appellant.

Before JONES, SMITH, and OWEN, Circuit Judges.

PRISCILLA R. OWEN, Circuit Judge:

Valentin Carrasco-Tercero appeals the sentence imposed by the district court for unlawfully reentering the United States, in violation of 8 U.S.C. § 1326(a) and (b)(1), contending that his prior New Mexico conviction for aggravated assault with a deadly weapon was not a crime of violence within the meaning of § 2L1.2 of the federal Sentencing Guidelines. We affirm.

I

Carrasco-Tercero pled guilty to the...

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