United States Fifth Circuit

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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.

Appellate Information

  • Decided 07/27/2001
  • Published 07/27/2001

Judges

  • EMILIO M. GARZA, Circuit Judge:, Before POLITZ and EMILIO M. GARZA, Circuit Judges, and KAZEN , District Judge.

Court

  • United States Fifth Circuit

Counsel

  • For Appellees:
  • 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.