U.S. v. BERNEL-AVEJA

No. 15-20308.

844 F.3d 206 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Cesar BERNEL-AVEJA, also known as Cesar Areja, also known as Cesar Aveja, also known as Cesar B. Aveja, also known as Cesar Bernel Aveja, also known as Cesar Bernal Aveja, also known as Raul Luviano, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed December 13, 2016.


Attorney(s) appearing for the Case

Paul Eunkuk Kim , Renata Ann Gowie , Terri-Lei O'Malley , Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Michael Lance Herman , Margaret Christina Ling , Assistant Federal Public Defenders, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.


Cesar Bernel-Aveja was convicted under 8 U.S.C. § 1326(a) and (b)(2) of illegal reentry after deportation and appeals his sentence. He contends that his prior 1996 Ohio conviction for burglary does not qualify as "burglary of a dwelling," a specifically enumerated "crime of violence" under United States...

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