United States Fifth Circuit

Defendant's sentence for being unlawfully present in the United States after having previously been deported is reversed where the district court erred in applying a 16-level increase in calculating the advisory sentencing range because defendant's prior Minnesota conviction for unlawful sexual contact was not a "crime of violence" within the meaning of the Sentencing Guidelines.

Appellate Information

• Decided 02/01/2012
• Published 05/02/2008

Judges

• OWEN, Circuit Judge:, Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Paula Camille Offenhauser, James Lee Turner, Asst. U.S. Attys., Tony Ray Roberts (argued), Houston, TX, for U.S.


• For Appellees:
  
• Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Peter J Bray (argued), Houston, TX, for Defendant-Appellant.