United States v. Cuna
United States v. Cuna
Opinion
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 3, 2003 Charles R. Fulbruge III Clerk No. 02-11152 Summary Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ARLENE ACOSTA CUNA,
Defendant-Appellant.
-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:02-CR-73-1-M -------------------- Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:* Arlene Acosta Cuna appeals from her sentence for escape from the custody of the Bureau of Prisons in violation of 18 U.S.C. § 751(a) and 18 U.S.C. § 4082. Cuna argues that the district court erred in determining that her conviction for escape from a community detention center was a crime of violence pursuant to U.S.S.G. § 4B1.2(a).
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 02-11152 -2- Cuna’s knowing escape from a community detention center constitutes a crime of violence within the meaning of the career offender guideline. United States v. Ruiz, 180 F.3d 675, 677 (5th Cir. 1999). Therefore, Cuna’s appeal lacks merit.
AFFIRMED.
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