United States Fifth Circuit

A Texas conviction for intoxication assault, which has as an element the use of force against another, was a "crime of violence" for purposes of the 16-level sentencing enhancement under 2001 U.S.S.G. section 2L1.2(b)(1)(A)(ii). (Revised opinion)

Appellate Information

• Decided 01/16/2003
• Published 01/28/2003

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• David Hill Peck (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, Tony Ray Roberts, McAllen, TX, for Plaintiff-Appellee., Roland E. Dahlin, II, Fed. Pub. Def., Timothy William Crooks (argued), Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.