United States Fifth Circuit
US v. SARMIENTO-FUNES, 03-40741
Defendant's conviction for illegal reentry is affirmed, however, his sentence is reversed on grounds that it was erroneously enhanced based on a prior conviction for sexual assault, which is not considered a crime of violence under Missouri law.
Appellate Information
- Decided 07/30/2004
- Published 07/30/2004
Judges
- KING, Chief Judge:, Before KING, Chief Judge, and REAVLEY and EMILIO M. GARZA, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellees:
- Mitchel Neurock (argued), Laredo, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee., Roland E. Dahlin, II, Federal Public Defender, Aurora Ruth Bearse (argued), John S. Paul, Houston, TX, for Defendant-Appellant.