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U.S. v. CERON

No. 13-40095.

775 F.3d 222 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Oscar Cecilio Ramos CERON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 2014.

Attorney(s) appearing for the Case

Eileen K. Wilson, Assistant U.S. Attorney, Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Timothy William Crooks, Assistant Federal Public Defender, Margaret Christina Ling, Assistant Federal Public Defender, Scott Andrew Martin, Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before KING, JOLLY, and COSTA, Circuit Judges.

Oscar Cecilio Ramos Ceron pleaded guilty to reentry of a deported alien. The district court applied a 16-level Sentencing Guidelines enhancement, categorizing his prior Florida conviction of aggravated battery as a "crime of violence." Ramos Ceron appeals, arguing that Florida aggravated battery is not a crime of violence, and that collateral...

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