U.S. v. REYNA-ESPINOSA

No. 96-40499.

117 F.3d 826 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Reymundo REYNA-ESPINOSA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 11, 1997.


Attorney(s) appearing for the Case

Jeffery Alan Babcock, Paula Camille Offenhauser, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for plaintiff-appellee.

Roland E. Dahlin, II, Federal Public Defender, Thomas S. Berg, Assistant Federal Public Defender, Mari A. Aponte, Federal Public Defender's Office, Houston, TX, for defendant-appellant.

Before HIGGINBOTHAM, WIENER and DENNIS, Circuit Judges.


DENNIS, Circuit Judge.

The question before us is whether a conviction for unlawful possession of a firearm by an alien under 18 U.S.C. § 922(g)(5) constitutes an "aggravated felony" for purposes of increasing the defendant's offense level by 16 levels pursuant to U.S.S.G. § 2L1.2(b)(2). This issue is one of first impression for all circuits.

We hold that a conviction under § 922(g)(5) is not an aggravated felony under § 2L1.2(b)(2); accordingly...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases