United States Fifth Circuit

Defendant's sentence for illegally re-entering the U.S. is affirmed where, because Tennessee's statutory definition of kidnapping falls within the generic, contemporary meaning of "kidnapping," the district court did not err in applying a crime-of-violence enhancement based on defendant's Tennessee conviction for attempted kidnapping.

Appellate Information

• Decided 01/30/2007
• Published 01/31/2007

Judges

• OWEN, Circuit Judge:, Before JOLLY, PRADO and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Margaret M. Embry (argued), San Antonio, TX, for U.S.


• For Appellees:
  
• Donna F. Coltharp (argued), Lucien B. Campbell, Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.