United States Fifth Circuit

Defendant's sentence for reentry of a removed alien is vacated where the district court committed plain error in applying a 16-level enhancement for a prior drug-trafficking conviction, because his Texas conviction for delivery of a controlled substance was not a drug-trafficking offense under U.S.S.G. section 2L1.2(b)(1).

Appellate Information

• Decided 03/07/2007
• Published 04/12/2007

Judges

• PER CURIAM:, Before KING, WIENER, and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Jeffery Alan Babcock, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee., Marjorie A. Meyers, Federal Public Defender, Timothy William Crooks, Asst. Federal Public Defender, Molly E. Odom, Houston, TX, for Defendant-Appellant.