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U.S. v. REYES

No. 16-40241.

866 F.3d 316 (2017)

UNITED STATES of America, Plaintiff-Appellee v. Osman Rutilio REYES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 1, 2017.

Attorney(s) appearing for the Case

Lauretta Drake Bahry , Renata Ann Gowie , Carmen Castillo Mitchell , Assistant U.S. Attorneys, U.S. Attorney's Office, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Michael Lance Herman , Evan Gray Howze , Assistant Federal Public Defenders, John Moreno Parras , Federal Public Defender's Office, for Defendant-Appellant.

Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges.

This Court implicitly held in United States v. Velasco, 465 F.3d 633 (5th Cir. 2006), that the Illinois aggravated battery statute is divisible — meaning that if a defendant has a prior conviction under that statute and a sentencing court must determine whether this prior conviction...

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