United States Fifth Circuit

Defendant's sentence for failure to depart from the U.S. pursuant to an order of removal is vacated, where the District Court sentenced Defendant to the statutory maximum under the mistaken belief that it could later suspend the sentence.

Appellate Information

• Decided 07/07/2009
• Published 07/07/2009

Judges

• PRADO, Circuit Judge:, Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr. Asst. U.S. Atty., Diane D. Kirstein (argued), San Antonio, TX, for U.S.


• For Appellees:
  
• Judy Fulmer Madewell (argued), Henry Joseph Bemporad, Fed. Pub. Defenders, San Antonio, TX, for Defendant-Appellant.