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U.S. v. HERNANDEZ-AVILA

No. 16-51009.

892 F.3d 771 (2018)

UNITED STATES of America, Plaintiff-Appellee v. Candido Francisco HERNANDEZ-AVILA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 13, 2018.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Margaret Mary Embry , Assistant U.S. Attorneys, U.S. Attorney's Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Juan Manuel Gonzalez , Gonzalez & Otero, L.L.C., San Antonio, TX, for Defendant-Appellant.

Before WIENER, GRAVES, and HO, Circuit Judges.

We withdraw our prior opinion and substitute this new opinion in its place.

BACKGROUND

Candido Hernandez-Avila pleaded guilty to illegal reentry under 8 U.S.C. § 1326. The presentence report (PSR) recommended a sixteen-level enhancement based on Hernandez-Avila's prior conviction for sexual assault under Texas Penal Code...

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