United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
For the Fifth Circuit March 11, 2005
Charles R. Fulbruge III
Clerk
No. 04-60469
LAURO AGUIRRE
Petitioner
VERSUS
UNITED STATES PAROLE COMMISSION
Respondent
Petition for Review of Order by the
United States Parole Commission
(40889-180)
Before DAVIS, SMITH and DeMOSS, Circuit Judges.
PER CURIAM:*
The Parole Commission did not clearly err in its factual
determinations that this homicide was intentional and not committed
in the heat of passion. Under these facts the commission did not
err in concluding that the most analogous United States crime to
the Mexican crime of simple murder was second degree murder. The
*
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opinion should not be published and is not precedent except under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.
findings of the Commission which were in turn gleaned from the
record of the Mexican trial that particularly supported its factual
determinations were: 1)a considerable delay ensued from the time of
the physical encounter between the defendant and the bartenders in
the “Peanuts and Beer” bar; 2)uncontradicted evidence that the
defendant executed a u-turn with his automobile, turned his
headlights on, crossed over into the opposing lane of travel at a
high rate of speed and struck the victim.
AFFIRMED.
2