Filed: Jul. 07, 2003
Latest Update: Feb. 21, 2020
Summary: 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 f
Summary: 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 fo..
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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that this opinion should not be published and is not precedent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.