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U.S. v. HERRERA-ALVAREZ

No. 12-41425.

753 F.3d 132 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Santos Tulio HERRERA-ALVAREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 22, 2014.

Attorney(s) appearing for the Case

John Richard Berry , Assistant U.S. Attorney, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before DAVIS, GARZA, and DENNIS, Circuit Judges.

JAMES L. DENNIS, Circuit Judge:

The United States Sentencing Guidelines provide for a sentencing enhancement applicable to certain federal defendants who are convicted of being unlawfully present in the United States after a previous removal or deportation in violation of 8 U.S.C. § 1326 and who have previously been convicted of a "crime of violence," U.S. Sentencing Guidelines (U.S.S.G.) § 2L1.2(b)(1)(A)(ii), which...

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