United States Fifth Circuit

A sentence following defendant's guilty-plea conviction for unlawful reentry of an alien after removal is vacated and remanded where: 1) because there was no evidence from which it could be determined whether defendant actually pleaded to "wilfully and unlawfully" entering a dwelling house, the government failed to establish that Gonzalez was convicted of a burglary offense that satisfies the crime-of-violence definition in U.S.S.G. section 2L1.2; and 2) the district court's application of a 16-level crime-of-violence enhancement constituted plain error.

Appellate Information

• Decided 02/04/2008
• Published 02/04/2008

Judges

• EMILIO M. GARZA, Circuit Judge:, Before GARZA, STEWART and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Mara A. Blatt, San Antonio, TX, J. Cam Barker, U.S. Dept. of Justice, Crim. Div., Washington, DC, for U.S.


• For Appellees:
  
• M. Carolyn Fuentes, Henry Joseph Bemporad, Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.