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U.S. v. CASTRO-GUEVARRA

No. 08-40796. Summary Calendar.

575 F.3d 550 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Martin CASTRO-GUEVARRA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 13, 2009.

Attorney(s) appearing for the Case

Amy Howell Alaniz, McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers and Philip G. Gallagher, Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and KING and OWEN, Circuit Judges.

EDITH H. JONES, Chief Judge:

Jose Martin Castro-Guevarra ("Castro-Guevarra") pled guilty to illegal re-entry in violation of 8 U.S.C. § 1326(a) and (b) and was sentenced to 46 months imprisonment to be followed by two years of supervised release. He contends on appeal that the district court erred, when, applying the crime of violence guideline, it enhanced his base offense level by 16 levels for a previous conviction for sexual assault of a child. See

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