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U.S. v. VARGAS-DURAN

No. 02-20116.

319 F.3d 194 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique VARGAS-DURAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 16, 2003.

Attorney(s) appearing for the Case

David Hill Peck (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Defender, Timothy William Crooks, Asst. Fed. Pub. Defender (argued), Houston, TX, for Defendant-Appellant.

Before EMILIO M. GARZA and CLEMENT, Circuit Judges, and HUDSPETH, District Judge.

EMILIO M. GARZA, Circuit Judge:

Enrique Vargas-Duran appeals the district court's determination that his Texas conviction for intoxication assault was a "crime of violence" for purposes of the 16-level sentencing enhancement under § 2L1.2(b)(1)(A)(ii) of the 2001 version of the United States Sentencing Guidelines. Vargas-Duran contends that, in light of our decision in United States v. Chapa-Garza, 243 F.3d 921 (5th Cir...

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