United States Fifth Circuit

Sentence for guilty plea to illegal reentry after deportation in violation of 8 U.S.C. section 1326, is vacated and remanded because the statutory section under which defendant was convicted prohibits behavior that is not within the generic, contemporary meaning of aggravated assault as it is used in U.S.S.G. section 2L1.2, thus his conviction does not qualify as a crime of violence and his sentence was improperly enhanced by sixteen levels.

Appellate Information

• Decided 09/28/2006
• Published 09/29/2006

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, GARZA and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty. (argued), Diane D. Kirstein, San Antonio, TX, for Plaintiff-Appellee., Judy Fulmer Madewell (argued), Lucien B. Campbell, Federal Public Defender, San Antonio, TX, for Defendant-Appellant.