United States Fifth Circuit

Defendant's sentence for illegal reentry is affirmed over claims that: 1) his conviction for robbery under Texas Penal Code section 29.02(a)(1) did not qualify as a crime of violence under section 2L1.2 of the Sentencing Guidelines; and 2) the application of the enhancement penalties of 8 U.S.C. section 1326(b)(1) violated his due process rights.

Appellate Information

• Decided 10/31/2006
• Published 11/01/2006

Judges

• KING, Circuit Judge:, Before KING, GARWOOD and JOLLY, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for U.S.


• For Appellees:
  
• M. Carolyn Fuentes, Lucien B. Campbell, Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.