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United States Fifth Circuit


US v. SARMIENTO-FUNES, 03-40741

Defendant's conviction for illegal reentry is affirmed, however, his sentence is reversed on grounds that it was erroneously enhanced based on a prior conviction for sexual assault, which is not considered a crime of violence under Missouri law.

Appellate Information

  • Decided 07/30/2004
  • Published 07/30/2004

Judges

  • KING, Chief Judge:, Before KING, Chief Judge, and REAVLEY and EMILIO M. GARZA, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellees:
  • Mitchel Neurock (argued), Laredo, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee., Roland E. Dahlin, II, Federal Public Defender, Aurora Ruth Bearse (argued), John S. Paul, Houston, TX, for Defendant-Appellant.
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