United States Fifth Circuit

Defendant's sentence for reentry into the U.S. following removal is vacated, where the District Court erred by calculating Defendant's Guidelines range based on an improper probation enhancement, and the District Court incorrectly believed it was sentencing at the low end of the Guidelines range.

Appellate Information

• Decided 04/06/2009
• Published 04/06/2009

Judges

• EMILIO M. GARZA, Circuit Judge:, Before SMITH, GARZA and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Mara A. Blatt, San Antonio, TX, for U.S.


• For Appellees:
  
• Andre C. Poissant (Court-Appointed), El Paso, TX, for Defendant-Appellant.