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U.S. v. GRACIA-CANTU

No. 15-40227.

920 F.3d 252 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Prisciliano GRACIA-CANTU, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 2, 2019.

Attorney(s) appearing for the Case

Carmen Castillo Mitchell , Andrew R. Gould , Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Kayla R. Gassmann , Scott Andrew Martin , Assistant Federal Public Defenders, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before KING, ELROD, and GRAVES, Circuit Judges.

We WITHDRAW our prior panel opinion and SUBSTITUTE this opinion. Jose Prisciliano Gracia-Cantu appeals the district court's determination that a conviction under Texas Penal Code §§ 22.01(a)(1) and (b)(2) for "Assault— Family Violence" qualifies as a crime of violence under 18 U.S.C. § 16, and is therefore an aggravated...

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