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U.S. v. ALAY

No. 15-41125.

850 F.3d 221 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Juan ALAY, also known as Juan Alay-Mendez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED March 3, 2017.

Attorney(s) appearing for the Case

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

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

Juan Alay, Pro Se.

Before SMITH, CLEMENT, and SOUTHWICK, Circuit Judges.

Juan Alay was convicted of illegal reentry. The district court applied a crime-of-violence ("COV") enhancement under the sentencing guidelines based on Alay's conviction of rape in California. Alay appeals the sentence by challenging the enhancement, asserting that conviction under the California statute is possible...

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