United States Fifth Circuit

A sentence for illegal reentry subsequent to deportation is vacated where defendant's prior conviction for aggravated sexual battery was not a "crime of violence" for purposes of sentence enhancement under the sentencing guidelines.

Appellate Information

• Decided 03/03/2006
• Published 03/06/2006

Judges

• PER CURIAM:, Before JOLLY, WIENER, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• John Richard Berry and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee., Jon Karl Schmid, Law Office of Jon Karl Schmid, Brownsville, TX, for Defendant-Appellant.