United States Fifth Circuit

Reset A A Font size: Print

US v. Brazell, 06-30102

A failure to pay child support constitutes a continuing offense. A sentence for wilful failure to pay state court-ordered child support payments is reversed and remanded where the district court erred in its application of a two-point enhancement at sentencing because there was insufficient evidence to conclude that defendant had violated a statute while under a criminal sentence.

Appellate Information

  • Decided 06/15/2007
  • Published 06/15/2007

Judges

  • JERRY E. SMITH, Circuit Judge:, Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Camille Ann Domingue, Asst. U.S. Atty., Lafayette, LA, for U.S., Rebecca L. Hudsmith, Fed. Pub. Def., Lafayette, LA, for Brazell.