United States Fifth Circuit

For the "use of force" provision of U.S.S.G. section 2L1.2 to apply, a defendant must intentionally avail himself of that force, and intentional use of force must be an element of the predicate offense. Because intentional use of force is not an element of the crime of Texas intoxication assault, defendant's sentence was improperly enhanced. (Republished opinion)

Appellate Information

• Decided 01/08/2004
• Published 01/27/2004

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.