United States Fifth Circuit

A sentence for illegally reentering the U.S. after having been deported previously is affirmed where: 1) although the district court erred in enhancing defendant's offense level under U.S.S.G. section 2L1.2(b)(1)(A)(ii) based upon his prior Texas conviction for aggravated assault on a peace officer, the error was harmless; and 2) defendant's constitutional challenge was foreclosed.

Appellate Information

• Decided 05/17/2007
• Published 06/08/2007

Judges

• PER CURIAM:, Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• John Richard Berry and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee., Marjorie A. Meyers, Federal Public Defender, Philip G. Gallagher, Houston, TX, for Defendant-Appellant.