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UNITED STATES v. GOMEZ GOMEZ

No. 17-20526.

23 F.4th 575 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Alan Victor GOMEZ GOMEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED January 18, 2022.

Attorney(s) appearing for the Case

Lauretta Drake Bahry , Carmen Castillo Mitchell , Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Kathryn Shephard , Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before Smith, Elrod, and Oldham, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

On remand from the Supreme Court, this case asks us to reconsider whether Gomez Gomez's conviction for aggravated assault in Texas qualifies as an "aggravated felony" under 8 U.S.C. § 1326(b)(2). We agree with the parties that, in light of Borden v. United States, ___...

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