United States v. Shaw

PER CURIAM: **

Shaw appeals his sentencing on a guilty-plea conviction of possessing a firearm and ammunition as a convicted felon, claiming his sentence was erroneously enhanced based on his prior Texas conviction for attempted sexual assault under sections 22.011 and 15.01 of the Texas Penal Code. Reviewing the record de novo, we vacate the sentence and remand for the following reasons:

1. In deciding whether a prior offense of which defendant was convicted had as an element “the use, attempted use, or threatened use of physical force,” so as to qualify as a crime of violence for purposes of…