United States Fifth Circuit

Defendant's sentence for being unlawfully present in the U.S. is vacated and remanded to determine whether his California conviction for sexual battery constitutes a crime of violence under U.S.S.G. section 2L1.2.

Appellate Information

• Decided 08/23/2005
• Published 08/24/2005

Judges

• PRADO, Circuit Judge:, Before GARWOOD, JONES 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, for Plaintiff-Appellee., Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow (argued), Darrell L. Bryan, Houston, TX, for Defendant-Appellant.