United States Fifth Circuit

Defendant's conviction for possession with the intent to distribute cocaine is affirmed over a claim that the statute of conviction, 21 U.S.C. section 841, is facially unconstitutional. His sentence is vacated and remanded where: 1) a prior conviction in Colorado for third-degree assault does not qualify as a crime of violence under U.S.S.G. section 4B1.2(a)(1), but 2) a remand was necessary to determine whether a career offender enhancement was sustainable under section 4B1.2(a)(2).

Appellate Information

• Decided 11/22/2006
• Published 11/27/2006

Judges

• PRADO, Circuit Judge:, Before JONES, Chief Judge, and REAVLEY and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Jeffery Alan Babcock, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Houston, TX, for Garcia.