United States Fifth Circuit

Defendant's sentence upon conviction for illegal reentry after deportation is vacated where it was not clear under which portion of a multipart aggravated battery statute defendant was previously convicted and whether subsections of the statute qualify as crimes of violence.

Appellate Information

• Decided 11/30/2005
• Published 12/01/2005

Judges

• DeMOSS, Circuit Judge:, Before GARWOOD, SMITH and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Richard Berry, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.


• For Appellees:
  
• Guillermo Ruben Garcia, Laredo, TX, for Defendant-Appellant.