Legal Opinion
United States v. Efren Villegas-Hernandez
Court of Appeals for the Fifth Circuit
Decided October 31, 2006No. 05-40988PublishedCited by 56 opinions
1Opinion of the Court
GARWOOD, Circuit Judge:
Defendant-Appellant Efren Villegas-Hernandez (Villegas-Hernandez) contends that the district court erred in applying an eight-level sentence enhancement because his prior Texas conviction for assault is not a “crime of violence” as defined for this purpose by the United States Sentencing Guidelines. We agree. Accordingly, we VACATE his sentence and REMAND for resentencing.
FACTS AND PROCEEDINGS BELOW
On October 25, 2004, Border Patrol agents found Villegas-Hernandez in Cameron County, Texas and determined him to be a citizen of Mexico who had entered the United States…
2Cases cited21 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. SmithCourt of Appeals for the Fifth Circuit · 2006
- United States v. William Maurice SmithCourt of Appeals for the Eighth Circuit · 1999
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3Cited by56 opinions
- United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018
- United States v. Zuniga-SotoCourt of Appeals for the Tenth Circuit · 2008
- United States v. Latroy BurrisCourt of Appeals for the Fifth Circuit · 2019
- Whyte v. LynchCourt of Appeals for the First Circuit · 2015
- United States v. Randall JenningsCourt of Appeals for the Seventh Circuit · 2017
51 more not listed; retrieve them via the Exa API.