United States Tenth Circuit

Defendant's firearm possession sentence is affirmed where Defendant's prior conviction under Texas Penal Code section 22.05(b)(1) for firing a gun at or in the direction of another person constituted a violent felony under the Armed Career Criminal Act because it involved the use, attempted use or threatened use of physical force against another person.

Appellate Information

• Decided 06/16/2009
• Published 06/16/2009

Judges

• TYMKOVICH, Circuit Judge., Before MURPHY, ANDERSON, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• William P. Earley, Assistant Federal Public Defender, Office of the Federal Public Defender, Oklahoma City, OK, for Appellant.


• For Appellees:
  
• Edward J. Kumiega, Assistant United States Attorney, Office of the United States Attorney, Oklahoma City, OK, for Appellee.