United States Fifth Circuit

A sentence for illegal re-entry is vacated where the district court improperly calculated defendant's sentencing guideline range by applying a sixteen-level sentencing enhancement under U.S.S.G. section 2L1.2(b)(1)(A)(i), as neither the statutory language nor the charging document necessitated a finding that defendant committed a drug trafficking offense.

Appellate Information

• Decided 08/08/2007
• Published 08/08/2007

Judges

• EMILIO M. GARZA, Circuit Judge:, Before HIGGINBOTHAM, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mark Michael Dowd, Brownsville, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.


• For Appellees:
  
• Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.