United States Fifth Circuit

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US v. Herrera-Montes, 06-41426

A sentence for reentering the U.S. following deportation is vacated and remanded where defendant's prior conviction for aggravated burglary, Tenn. Code Ann. section 39-14-403, was not a "crime of violence" under the sentencing guidelines because his statute of conviction did not require an intent to commit a crime at the time of unlawful entry, or remaining, in the dwelling.

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 Appellees:
  • Julia Bowen Stern and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee., Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Brent Evan Newton, Asst. Federal Public Defender, Houston, TX, for Defendant-Appellant.