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.