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U.S. v. RIVAS

No. 15-41109.

836 F.3d 514 (2016)

UNITED STATES of America, Plaintiff-Appellee v. Jose Alvaro RIVAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 9, 2016.

Attorney(s) appearing for the Case

Lauretta Drake Bahry , Renata Ann Gowie , Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Scott Andrew Martin , Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before KING, SMITH, and COSTA, Circuit Judges.

Jose Alvaro Rivas appeals his 41-month sentence for illegal reentry following deportation. He argues that the district court erred in imposing a 16-level sentencing enhancement based on its finding that an Ohio conviction for attempted unlawful sexual conduct with a minor constitutes a crime of violence.

The Ohio...

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