United States Fifth Circuit

A charge and conviction for "possession with an intent to deliver" a controlled substance under section 481.112(a) of the Texas Health and Safety Code can be used as a basis for a sentence enhancement as a "controlled substance offense" under U.S. Sentencing Guidelines Manual section 2K2.1(a)(4)(A) (2005). (Substituted opinion)

Appellate Information

• Decided 12/11/2007
• Published 12/12/2007

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, DENNIS and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mitchel Neurock (argued), James Lee Turner, John Richard Berry, Asst. U.S. Attys., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def., Michael L. Herman, Samy K. Khalil (argued), Houston, TX, for Ford.