United States Fifth Circuit

A sentence for illegal reentry after deportation is vacated in part pursuant to recent Supreme Court precedent, as a prior state controlled substance offense should not have been considered an "aggravated felony" for sentencing purposes because even though it was a felony under Texas law, it would be a misdemeanor under the federal Controlled Substances Act (CSA).

Appellate Information

• Decided 01/03/2007
• Published 01/03/2007

Judges

• PER CURIAM:, Before HIGGINBOTHAM, SMITH and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mark Michael Dowd, Brownsville, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def., Michael L. Herman, Houston, TX, for Estrada-Mendoza.