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.
- 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.