United States Fifth Circuit

Sentence for illegal reentry into the U.S. is vacated, where the second of Defendant's prior state drug convictions did not qualify as an "aggravated felony" under the Sentencing Guidelines, because the Government did not show that the preceding conviction was final at the time Defendant committed the second offense.

Appellate Information

• Decided 05/27/2009
• Published 05/27/2009

Judges

• JENNIFER W. ELROD, Circuit Judge:, Before BARKSDALE, DENNIS and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michelle Denise Allen-McCoy (argued), McAllen, TX, Jeffery Alan Babcock, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.


• For Appellees:
  
• Marjorie A. Meyers, Sarah Beth Landau (argued), Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.