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U.S. v. NAREZ-GARCIA

Nos. 15-50076, 15-50077.

819 F.3d 146 (2016)

UNITED STATES of America, Plaintiff-Appellee v. Jose Luis NAREZ-GARCIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 31, 2016.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Asst. U.S. Atty., Mara Asya Blatt, Esq. , Asst. U.S. Atty., Jennifer Sheffield Freel , Asst. U.S. Atty. (argued), U.S. Attorney's Office, Austin, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell , Assistant Federal Public Defender, Maureen Scott Franco, Federal Public Defender, Kristin Michelle Kimmelman , Assistant Federal Public Defender (argued), Federal Public Defender's Office, San Antonio, TX, for Defendant-Appellant.

Before CLEMENT, GRAVES, and COSTA, Circuit Judges.

Jose Luis Narez-Garcia pleaded guilty to illegal reentry following deportation. At sentencing, Narez-Garcia objected to the application of an eight-level enhancement based on his prior Arkansas conviction of aggravated assault on a household member. Narez-Garcia argued that his Arkansas conviction did not constitute...

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