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United States Fifth Circuit


US v. Balderas-Rubio, 06-41153

A sentence for illegal reentry into the United States following deportation is affirmed where the district court did not err in determining that defendant's prior conviction for "Indecency or Lewd Acts with a Child Under the Age of Sixteen," in violation of Oklahoma law, constituted "sexual abuse of a minor" for purposes of the "crime of violence" sentencing enhancement under the Sentence Guidelines.

Appellate Information

  • Decided 09/05/2007
  • Published 09/06/2007

Judges

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

Court

  • United States Fifth Circuit

Counsel

  • For Appellees:
  • Jeffery Alan Babcock, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee., Marjorie A. Meyers, Fed. Pub. Def., Sarah Beth Landau, Houston, TX, for Defendant-Appellant.
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