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U.S. v. ESCALANTE

No. 18-10408.

933 F.3d 395 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny ESCALANTE, also known as Manuel Rojas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed August 2, 2019.

Attorney(s) appearing for the Case

James Nicholas Bunch, Esq. , Assistant U.S. Attorney, James Wesley Hendrix , Assistant U.S. Attorney, Jamie Lynn Hoxie , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Kevin Joel Page , Erin Brennan , Federal Public Defender's Office, Northern District of Texas, Dallas, TX, Brandon Elliott Beck , Federal Public Defender's Office, Northern District of Texas, Lubbock, TX, for Defendant-Appellant.

Before SMITH, WIENER, and ELROD, Circuit Judges.

Johnny Escalante failed to register as a sex offender when he travelled to Texas. The district court concluded that his prior Utah conviction for unlawful sexual activity with a minor classified him as a tier II sex offender, and he was sentenced based on the corresponding Guidelines range. Because the district...

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