Legal Opinion

United States v. Samuel Conde-Castaneda

Court of Appeals for the Fifth Circuit

Decided May 28, 2014No. 13-10590PublishedCited by 20 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge.

Samuel Conde-Castaneda appeals his sentence, which was enhanced based on his previous conviction in Texas state court for burglary under Texas Penal Code § 30.02(a)(1) and (a)(3). The question presented is whether this predicate offense constitutes a “burglary of a dwelling” under the Sentencing Guidelines and is therefore a crime of violence. We hold that it does, and it is. We also hold that Conde’s written Texas “boiler plate” judicial confession, in which he confessed to “each and every act alleged” in the indictment, is sufficient to establish that his prior…

2Cases cited11 opinions

  1. Puckett v. United StatesSupreme Court of the United States · 2009
  2. Descamps v. United StatesSupreme Court of the United States · 2013
  3. United States v. Oscar Garza-LopezCourt of Appeals for the Fifth Circuit · 2005
  4. Chambers v. United StatesSupreme Court of the United States · 2009
  5. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013

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3Cited by20 opinions

  1. United States v. Curtis HowellCourt of Appeals for the Fifth Circuit · 2016
  2. United States v. Felix UribeCourt of Appeals for the Fifth Circuit · 2016
  3. Carlos Rendon v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2015
  4. United States v. Michael HerroldCourt of Appeals for the Fifth Circuit · 2016
  5. United States v. Jesus Islas-SaucedoCourt of Appeals for the Fifth Circuit · 2018

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