US v. Herrera-Montes, 06-41426
A sentence for reentering the U.S. following deportation is vacated and remanded where defendant's prior conviction for aggravated burglary, Tenn. Code Ann. section 39-14-403, was not a "crime of violence" under the sentencing guidelines because his statute of conviction did not require an intent to commit a crime at the time of unlawful entry, or remaining, in the dwelling.
- Decided 06/25/2007
- Published 06/26/2007
PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, DAVIS, and WIENER, Circuit Judges.
United States Fifth Circuit
Julia Bowen Stern and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee., Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Brent Evan Newton, Asst. Federal Public Defender, Houston, TX, for Defendant-Appellant.