United States Fifth Circuit

Defendant's sentence for illegal reentry into the U.S. is vacated, where Cal. Pen. Code section 288a(b)(1), under which Defendant was previously convicted for oral copulation of a minor, prohibited conduct that would not be criminalized under the generic meaning of sexual abuse of a minor, and thus was not a "crime of violence."

Appellate Information

• Decided 03/19/2009
• Published 03/19/2009

Judges

• JENNIFER W. ELROD, Circuit Judge:, Before DAVIS, CLEMENT and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Elizabeth Berenguer, San Antonio, TX, for Plaintiff-Appellee., Thomas L. Wright, El Paso, TX, for Defendant-Appellant.