United States Fifth Circuit

Defendant's sentence is vacated, where Defendant's prior state offense of unauthorized use of a motor vehicle was not a "crime of violence" under the Armed Career Criminal Act, because the generic crime of violence or aggravated felony must itself involve purposeful, violent and aggressive conduct.

Appellate Information

• Decided 06/15/2009
• Published 06/15/2009

Judges

• PER CURIAM:, Before REAVLEY, BARKSDALE and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Paula Camille Offenhauser, James Lee Turner, Asst. U.S. Attorneys, Houston, TX, for Plaintiff-Appellee., Marjorie A. Meyers, Timoteo E. Gomez, Fed. Pub. Defenders, Laura Fletcher Leavitt, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.