United States Fifth Circuit

A sentence based on a guilty plea conviction for unlawful reentry of an alien after removal is vacated and the case remanded for resentencing where the district court erred in applying a 16 level crime of violence enhancement based on the defendant's prior conviction under California Penal Code section 459 for residential burglary.

Appellate Information

• Decided 05/22/2008
• Published 05/22/2008

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.