United States Fifth Circuit

Sentence for attempted illegal reentry into the U.S. is vacated and remanded where: the elements of the crime in a prior state kidnapping conviction did not necessarily include the use of physical force, and so did not require a crime of violence enhancement to the base offense level.

Appellate Information

• Decided 09/08/2008
• Published 09/08/2008

Judges

• DeMOSS, Circuit Judge:, Before KING, DeMOSS and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Mara A. Blatt, San Antonio, TX, for Plaintiff-Appellee., Miguel A. Torres, El Paso, TX, for Defendant-Appellant.