United States Fifth Circuit

Sentence for illegally reentering the United States is affirmed by the court sitting en banc, where a prior sex offense committed using constructive, i.e. nonphysical, force qualified as a "forcible sex offense" for sentence-enhancement purposes.

Appellate Information

• Decided 10/21/2008
• Published 10/21/2008

Judges

• E. GRADY JOLLY and BENAVIDES, Circuit Judges:, Before JONES, Chief Judge, and REAVLEY, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Tony Ray Roberts (argued), James Lee Turner and Renata Ann Gowie, Asst. U.S. Attys., Houston, TX, for U.S.


• For Appellees:
  
• Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling (argued) and Laura Fletcher Leavitt, Asst. Fed. Pub. Defenders, Philip G. Gallagher, Houston, TX, for Defendant-Appellant.