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United States Fifth Circuit


US v. Ochoa-Cruz, 05-50281

Defendant's enhanced sentence for illegal reentry is affirmed where, although the district court erred by solely relying on a presentencing report in determining that certain previous convictions of defendant were crimes of violence, defendant failed to prove that the error affected his substantial rights.

Appellate Information

  • Decided 03/08/2006
  • Published 03/08/2006

Judges

  • PER CURIAM:, Before KING, SMITH and BENAVIDES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellees:
  • Joseph H. Gay, Jr., Asst. U.S. Atty., Diane D. Kirstein, San Antonio, TX, for Plaintiff-Appellee., Nancy Gosnell Revelette, El Paso, TX, for Defendant-Appellant.
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