United States Fifth Circuit

A sentence for illegal re-entry is vacated and remanded where, for purposes of imposing a 16-level enhancement under the guidelines, the district court erred in finding that a prior Florida conviction for burglary was a "crime of violence" because defendant could have been convicted of merely entering a dwelling's curtilage, which would not qualify as the enumerated offense of "burglary of a dwelling".

Appellate Information

• Decided 04/23/2007
• Published 04/23/2007

Judges

• PER CURIAM:, Before JONES, Chief Judge, and GARWOOD and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Arthur R. Jones (argued), Laredo, TX, David Hill Peck, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee., Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow (argued), Laura Fletcher Leavitt, Asst. Federal Public Defender, Houston, TX, for Defendant-Appellant.