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U.S. v. VILLEGAS-HERNANDEZ

No. 05-40988.

468 F.3d 874 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Efren VILLEGAS-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 31, 2006.

Attorney(s) appearing for the Case

Paula Camille Offenhauser (argued) and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling (argued) and Laura Fletcher Leavitt, Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before KING, GARWOOD and JOLLY, Circuit Judges.

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...

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