United States Fifth Circuit

In the government's appeal of Defendant's firearm possession sentence, the sentence is vacated, where the District Court erred by holding that a violation of Tex. Penal Code section 38.04(b)(1), evading arrest or detention by use of a vehicle, is not a "violent felony" under the Armed Career Criminal Act.

Appellate Information

• Decided 05/14/2009
• Published 05/14/2009

Judges

• BENAVIDES, Circuit Judge:, Before JONES, Chief Judge, and WIENER and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gary C. Tromblay (argued), Dallas, TX, for U.S., Kevin Joel Page (argued), Fed. Pub. Def., Dallas, TX, for Harrimon.