United States Fifth Circuit

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US v. Ortega-Gonzaga, 06-40493

A sentence for reentering the U.S. following deportation is vacated and remanded pursuant to a claim that the district court erred in concluding that defendant's previous California conviction for burglary, Cal. Penal Code section 459, was a "crime of violence" under the sentencing guidelines.

Appellate Information

  • Decided 06/25/2007
  • Published 06/26/2007


  • PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, DAVIS, and WIENER, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Mark Michael Dowd, Brownsville, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

  • For Appellees:
  • Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Sarah Beth Landau, Houston, TX, for Defendant-Appellant.