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U.S. v. ELIZONDO-HERNANDEZ

No. 13-40887 Summary Calendar.

755 F.3d 779 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto ELIZONDO-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 9, 2014.

Attorney(s) appearing for the Case

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

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

Before JOLLY, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:

Alberto Elizondo-Hernandez pleaded guilty of being illegally present in the United States after removal. Over his objection, the district court applied a sixteen-level crime-of-violence ("COV") enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on his Texas conviction of indecency with a child. The court sentenced within the guideline range to a forty-six-month term of imprisonment.

Elizondo...

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