United States Fifth Circuit

Defendant's illegal reentry sentence is affirmed where: 1) the district court erred in assigning defendant two additional criminal history points, pursuant to U.S.S.G. sections 4A1.2(e) and (k), based on his prior assault conviction in state court, because it was error to count defendant's entire sentence issued upon his violation of probation, rather than considering only the portion of the sentence he actually served; but 2) the error did not affect defendant's substantial rights and thus was not plain error.

Appellate Information

• Decided 11/10/2009
• Published 11/10/2009

Judges

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

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Susan Cowger, Asst. U.S. Atty. (argued), Dallas, TX, for U.S., William Reynolds Biggs (argued), Kevin Joel Page, Fed. Pub. Defenders, Dallas, TX, for Jasso.