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U.S. v. CASTILLO-RIVERA

No. 15-10615.

836 F.3d 464 (2016)

UNITED STATES of America, Plaintiff-Appellee v. Juan CASTILLO-RIVERA, Defendant Appellant.

United States Court of Appeals, Fifth Circuit.

Filed September 2, 2016.

Attorney(s) appearing for the Case

Brian W. Portugal , James Wesley Hendrix , Leigha Amy Simonton , Assistant U.S. Attorneys, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Brandon Elliott Beck , Federal Public Defender's Office, Northern District of Texas, Lubbock, TX, Jerry Van Beard, Esq. , Assistant Federal Public Defender, John MacIntyre Nicholson , Kevin Joel Page , Federal Public Defender's Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, DENNIS, and CLEMENT, Circuit Judges.

Juan Castillo-Rivera, convicted of illegal reentry under 8 U.S.C. § 1326, appeals his sentence. The question presented is whether Texas Penal Code § 46.04 prohibiting possession of a firearm by a felon qualifies as an aggravated felony under 8 U.S.C. § 1101(a)(43). Under our precedent, it does....

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