United States Fifth Circuit

Defendant's sentence for being unlawfully present in the U.S. following deportation pursuant to a conviction is vacated where the district court erred in applying an eight-level sentence enhancement because his prior Texas conviction for assault is not a "crime of violence" as defined for this purpose by the sentencing guidelines.

Appellate Information

• Decided 10/31/2006
• Published 11/01/2006

Judges

• GARWOOD, Circuit Judge:, Before KING, GARWOOD and JOLLY, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Paula Camille Offenhauser (argued) and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.


• For Appellees:
  
• Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling (argued) and Laura Fletcher Leavitt, Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.