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U.S. v. RUIZ-ARRIAGA

No. 08-40242.

565 F.3d 280 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Enrique RUIZ-ARRIAGA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 2009.

Attorney(s) appearing for the Case

Carmen Castillo Mitchell, David Clayton Searle (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Fed. Pub. Defender, Timothy William Crooks, Asst. Fed. Pub. Defender, Houston, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and WIENER and BENAVIDES, Circuit Judges.

EDITH H. JONES, Chief Judge:

Luis Enrique Ruiz-Arriaga pled guilty to illegal re-entry in violation of 8 U.S.C. § 1326 and was sentenced to 46 months imprisonment. He appeals his sentence on the grounds that the district court incorrectly calculated the appropriate Guideline range for a "crime of violence," and its alternate non-Guidelines sentence cannot be sustained. Because the court committed no reversible error, we AFFIRM.

I. BACKGROUND

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