United States Fifth Circuit

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

Judges

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

Court

• United States Fifth Circuit

Counsel

• 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.