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U.S. v. CASTANEDA

No. 12-41353.

740 F.3d 169 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Gustavo Loeza CASTANEDA, also known as Gustavo Loeza-Castaneda, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 2013.

Attorney(s) appearing for the Case

Terri-Lei O'Malley, Assistant U.S. Attorney, Houston, TX, Renata Ann Gowie, Assistant U.S. Attorney, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Houston, TX, Laura Fletcher Leavitt, Assistant Federal Public Defender, Houston, TX, Margaret Christina Ling, Assistant Federal Public Defender, Houston, TX, for Defendant-Appellant.

Before OWEN, SOUTHWICK, and GRAVES, Circuit Judges.

PER CURIAM:1

Defendant-Appellant Gustavo Loeza Castaneda (Castaneda) appeals his 58-month sentence for illegal reentry in violation of 8 U.S.C. § 1326. Castaneda claims the district court committed plain error by imposing a 16-level crime of violence enhancement under § 2L1.2(b)(1)(A)(ii) of the Federal Sentencing Guidelines based on Castaneda's Texas conviction for burglary of a habitation. We vacate Castaneda's sentence and...

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