US v. LANDEROS - ARREOLA, 00-50512
Where defendant's sentence was reduced from a potentially qualifying term of imprisonment to probation, and it was not a suspension of the sentence, a prior conviction for menacing does not meet the federal definition of an aggravated felony.
- Decided 07/27/2001
- Published 07/27/2001
EMILIO M. GARZA, Circuit Judge:, Before POLITZ and EMILIO M. GARZA, Circuit Judges, and KAZEN , District Judge.
United States Fifth Circuit
Joseph H. Gay, Jr.,Mark Randolph Stelmach (argued), Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee., Henry Joseph Bemporad (argued), San Antonio, TX, for Defendant-Appellant.