United States Fifth Circuit

Sentence is vacated and remanded where the elements of the crime do not support a holding that defendant's prior conviction of burglary of a building was a conviction of a crime of violence for the purposes of section 4B1.2(a)(2) and section 2K2.1.

Appellate Information

• Decided 10/29/2003
• Published 10/29/2003

Judges

• BENAVIDES, Circuit Judge:, Before BARKSDALE, DeMOSS and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Bret E. Helmer (argued), Nancy E. Larson, Asst. U.S. Atty., Fort Worth, TX, for Plaintiff-Appellee., Marc F. Gault (argued), Fort Worth, TX, for Defendant-Appellant.