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U.S. v. VIGIL

No. 13-40576.

774 F.3d 331 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Oscar Arnulfo VIGIL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 16, 2014.

Attorney(s) appearing for the Case

Eileen K. Wilson , Renata Ann Gowie , Assistant U.S. Attorneys, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

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

Before STEWART, Chief Judge, and OWEN, Circuit Judges, and MORGAN, District Judge.

Defendant-Appellant Oscar Arnulfo Vigil ("Vigil") was convicted of illegal re-entry after deportation and sentenced to 41 months in prison. The district court applied a 16-level "crime of violence" enhancement based on a prior state-court conviction for sexual battery. The sole issue on appeal is whether the district court...

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