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U.S. v. CONDE-CASTANEDA

No. 13-10590.

753 F.3d 172 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Samuel CONDE-CASTANEDA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 28, 2014.

Attorney(s) appearing for the Case

Gail A. Hayworth , James Wesley Hendrix , Assistant U.S. Attorney, U.S. Attorney's Office, Dallas, TX, for Plaintiff-Appellee.

Kevin Joel Page , Federal Public Defender's Office, Dallas, TX, for Defendant-Appellant.

Before JOLLY, GARZA, and HIGGINSON, Circuit Judges.

E. GRADY JOLLY, Circuit Judge.

Samuel Conde-Castaneda appeals his sentence, which was enhanced based on his previous conviction in Texas state court for burglary under Texas Penal Code § 30.02(a)(1) and (a)(3). The question presented is whether this predicate offense constitutes a "burglary of a dwelling" under the Sentencing Guidelines and is therefore a crime of violence. We hold that it does, and it is. We also hold that Conde's written Texas "boiler plate...

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