United States Fifth Circuit

A sentence for being unlawfully present in the United States after deportation is affirmed where: 1) although the district court erred in applying a sixteen-level crime-of-violence enhancement based on defendant's conviction for attempted manslaughter under New York Penal Law section 125.15; 2) nevertheless, because the district court imposed an alternative non-guideline sentence, the advisory sentence did not result from the guideline error and did not require vacatur; and 3) the district court's reasons for the sentence and its application of the statutory sentencing factors were adequate.

Appellate Information

• Decided 04/10/2008
• Published 04/11/2008

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kathlyn Giannaula Snyder, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.


• For Appellees:
  
• Marjorie A. Meyers, Fed. Pub. Def., H. Michael Sokolow, Houston, TX, for Defendant-Appellant.