United States Fifth Circuit

Defendant's sentence for illegally reentering the United States after having been deported is vacated pursuant to a Booker claim, and the district court may consider section a "crime of violence" enhancement on remand because defendant's California burglary conviction was equivalent to "burglary of a dwelling."

Appellate Information

• Decided 03/22/2006
• Published 03/23/2006

Judges

• OWEN, Circuit Judge:, Before JOLLY, DAVIS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michelle Palacios, McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.


• For Appellees:
  
• Marjorie A. Meyers, Fed. Pub. Def., Brent Evan Newton, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.