United States Fifth Circuit

The offense of "deadly conduct," as defined in Tex. Penal Code Ann. section 22.05(b)(1), constitutes a crime of violence for purposes of sentence enhancement under U.S.S.G. section 2L1.2(b). A sentence for illegal reentry is affirmed over claims that: 1) the district court erred in finding that a Texas conviction for deadly conduct triggered a 16-level crime-of-violence adjustment under the guidelines; and 2) that, in light of Apprendi, his section 1326 sentence was limited to a maximum two years of imprisonment.

Appellate Information

• Decided 10/10/2006
• Published 10/10/2006

Judges

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

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for U.S.


• For Appellees:
  
• Henry Joseph Bemporad, Lucien B. Campbell, Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.