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U.S. v. PERLAZA-ORTIZ

No. 16-40331.

869 F.3d 375 (2017)

UNITED STATES of America, Plaintiff-Appellee v. Frey PERLAZA-ORTIZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 23, 2017.

Attorney(s) appearing for the Case

Eileen K. Wilson , 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, Timothy William Crooks , Kathryn Shephard , Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before SMITH, PRADO, and GRAVES, Circuit Judges.

Frey Perlaza-Ortiz challenges a crime-of-violence sentencing enhancement predicated upon his prior conviction under Texas Penal Code § 22.05(b) ("Section 22.05(b)"). We VACATE the sentence and REMAND for resentencing.

BACKGROUND

Perlaza-Ortiz is a Colombian citizen who pleaded guilty to unlawfully...

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