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U.S. v. FUENTES-RODRIGUEZ

No. 15-40740 Summary Calendar.

935 F.3d 627 (2019)

UNITED STATES of America, Plaintiff-Appellant v. Javier FUENTES-RODRIGUEZ, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed August 26, 2019.

Attorney(s) appearing for the Case

Anna Elizabeth Kalluri , Assistant U.S. Attorney, Carmen Castillo Mitchell , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Michael Lance Herman , Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges.

Javier Fuentes-Rodriguez appeals his sentence imposed following his guilty plea conviction for illegal reentry into the United States following deportation and having been previously convicted of an aggravated felony. He argues that his prior conviction under Texas Penal Code § 22.01(a)(1) and (b)(2) does not qualify as a crime of violence...

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