United States Fifth Circuit

Denial of defendant's petition under 28 U.S.C. section 2255 for relief from his marijuana possession sentence is affirmed where, notwithstanding its procedural dismissal based on deferred adjudication, defendant's Texas guilty plea for aggravated assault could count toward defendant's status as a career offender under the Sentencing Guidelines.

Appellate Information

• Decided 11/17/2009
• Published 11/17/2009

Judges

• PER CURIAM:, Before HIGGINBOTHAM, CLEMENT and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Cristina Walker, Asst. U.S. Atty., Shreveport, LA, for U.S., Danny Daniels, Seagoville, TX, pro se.