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U.S. v. TORRES

No. 16-20191 Conference Calendar.

923 F.3d 420 (2019)

UNITED STATES of America, Plaintiff-Appellee v. Albin Alexander TORRES, also known as Alvin Alexander Torres, also known as Albin Alexander Torres-Menjivar, also known as Albin Torres-Menjybar, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 6, 2019.

Attorney(s) appearing for the Case

Katherine Lisa Haden , 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, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before JOLLY, SOUTHWICK, and OLDHAM, Circuit Judges.

In 2017, we summarily affirmed the defendant's sentence for his conviction of an illegal reentry subsequent to a deportation. We relied on Fifth Circuit precedent that his prior Texas aggravated assault conviction was a crime of violence under 18 U.S.C. § 16(b), which permitted a higher maximum sentence for his illegal reentry...

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