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U.S. v. CHARLES

No. 01-10113.

275 F.3d 468 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Clifton CHARLES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 10, 2001.

Attorney(s) appearing for the Case

Nancy E. Larson, Asst. U.S. Atty., Fort Worth, TX, for Plaintiff-Appellee.

George Andrew Platt, Westfall & Platt, Fort Worth, TX, for Defendant-Appellant.

Before JOLLY and PARKER, Circuit Judges, and SPARKS, District Judge.

E. GRADY JOLLY, Circuit Judge:

Joseph Charles pleaded guilty to possessing a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1). His sentence was enhanced on a finding that his previous state conviction of vehicle theft was a "crime of violence," which he challenges in this appeal. We conclude, somewhat to our chagrin, that precedent binds us to the notion that simple vehicle theft is a crime of violence for the purposes of the sentencing guidelines...

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