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Legal Opinion

United States v. Maurice P. Montgomery

Court of Appeals for the Fifth Circuit

Decided March 1, 2005No. 03-11131PublishedCited by 35 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM,

Circuit Judge:

Maurice Montgomery appeals his enhanced sentence, which the district court imposed based on a finding of three prior violent felony convictions. Persuaded that his prior conviction under a Texas retaliation statute does not qualify as a violent felony we vacate the sentence and remand.

I

Appellant pleaded guilty to possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). 1 At sentencing, he objected to being classified as an armed career criminal, which requires three prior “violent felonies” for sentence enhancement purposes as per 18…

2Cases cited12 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. United States v. Pedro Calderon-PenaCourt of Appeals for the Fifth Circuit · 2004
  4. United States v. CharlesCourt of Appeals for the Fifth Circuit · 2002
  5. United States v. Vargas-DuranCourt of Appeals for the Fifth Circuit · 2003

7 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. United States v. Fortino Saucedo VillegasCourt of Appeals for the Fifth Circuit · 2005
  2. United States v. Timothy Jerome McCallCourt of Appeals for the Eighth Circuit · 2006
  3. Omari v. GonzalesCourt of Appeals for the Fifth Circuit · 2005
  4. United States v. DavisCourt of Appeals for the Fifth Circuit · 2007
  5. United States v. WhiteCourt of Appeals for the Fifth Circuit · 2006

30 more not listed; retrieve them via the Exa API.

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