United States v. Juan Castillo-Rivera

PRISCILLA R. OWEN, Circuit Judge,

joined by E. GRADY JOLLY, Circuit Judge, concurring:

I concur in the en banc court’s opinion. I write separately because there is an additional, at least equally compelling, basis for concluding that Castillo-Rivera’s prior conviction in 2009 under Texas Penal Code section 31.07(b) for unauthorized use of a motor vehicle constitutes “an offense described in” 18 U.S.C. § 922(g)(1).1 That basis is that Castillo-Rivera’s prior conviction comes within subsection (1) of 46.04(f), and all predicate offenses defined in subsection (1) of 46.04(f) are “described in” §…