United States Fifth Circuit

A sentence for being a felon in possession of a firearm is vacated and remanded where the district court plainly erred in assigning a base offense level of 24 under U.S.S.G. 2K2.1(a)(2) because one of defendant's prior drug convictions could have been merely for an offer to sell under section 481.112 of the Texas Health and Safety Code.

Appellate Information

• Decided 02/01/2008
• Published 02/01/2008

Judges

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

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Samuel Wallace Cantrell, Plano, TX, for U.S., Denise S. Benson, Asst. Fed. Pub. Def., Sherman, TX, Amy R. Blalock, Asst. Fed. Pub. Def., Tyler, TX, for Price.