United States Fifth Circuit

Defendant's sentence for being found in the U.S. following an order of removal is vacated, where Defendant's prior Pennsylvania conviction for making a terroristic threat was not a "crime of violence" under U.S.S.G. section 2L1.2(b)(1)(A)(ii) because it did not involve the threat of force against the person of another.

Appellate Information

• Decided 03/10/2009
• Published 03/10/2009

Judges

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

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Carmen Castillo Mitchell, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Edward F. Garza (Court-Appointed), Corpus Christi, TX, for Ortiz-Gomez.