United States Fifth Circuit

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US v. Dominguez, 06-40292

A sentence for being illegally present in the U.S. following a prior deportation is affirmed where there was no error in increasing defendant's offense level under the guidelines as his conviction for aggravated battery under Florida law qualified as a crime of violence because it has as an element at least a threatened use of force.

Appellate Information

  • Decided 02/12/2007
  • Published 02/13/2007

Judges

  • W. EUGENE DAVIS, Circuit Judge:, Before DAVIS and STEWART, Circuit Judges, and CRONE, District Judge.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def., Michael L. Herman, Sarah Beth Landau, Houston, TX, for Dominguez.