United States Fifth Circuit

A state's presumption of intent, based on possession of a large quantity of drugs, cannot create a drug trafficking offense under the Sentencing Guidelines. A sentence for being found unlawfully present in the United States after deportation and conviction of an aggravated felony is vacated and remanded where defendant's North Carolina conviction for conspiring to transport marijuana does not constitute a drug trafficking offense for purposes of an enhancement pursuant to section 2L1.2(b)(1)(A)(i) of the Sentencing Guidelines.

Appellate Information

• Decided 01/03/2008
• Published 01/04/2008

Judges

• PER CURIAM:, Before KING, BARKSDALE and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mary Jane Harmon, 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., Houston, TX, for Defendant-Appellant.