United States Fifth Circuit

Defendant's sentence for reentry into the U.S. following removal is affirmed, where: 1) the government was not required to prove that Defendant validly waived his right to counsel with respect to a prior state sentence; and 2) the South Carolina offense of assault and battery of a high and aggravated nature constitutes a "crime of violence."

Appellate Information

• Decided 04/20/2009
• Published 04/20/2009

Judges

• BENAVIDES, Circuit Judge:, Before KING, BENAVIDES and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael Charles Elliott (argued), Laredo, TX, Kathlyn Giannaula Snyder and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.


• For Appellees:
  
• Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.