United States Fifth Circuit

A conviction for "possession with an intent to deliver" a controlled substance under section 481.112(a) of the Texas Health and Safety Code does not automatically qualify for a sentence enhancement as a "controlled substance offense" under U.S.S.G. section 2K2.1(a)(4)(A) (2005).

Appellate Information

• Decided 05/24/2007
• Published 05/25/2007

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, DENNIS and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mitchel Neurock (argued), James Lee Turner, John Richard Berry, Asst. U.S. Attys., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def., Michael L. Herman, Samy K. Khalil (argued), Houston, TX, for Ford.