U.S. v. SERNA

No. 01-40836.

309 F.3d 859 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben SERNA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 11, 2002.


Attorney(s) appearing for the Case

Mitchel Neurock (argued), Laredo, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def. (argued), Darrell L. Bryan, Houston, TX, for Defendant-Appellant.

Before JOLLY, SMITH and DeMOSS, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

This appeal presents the question whether the crime of possession of a "prohibited weapon", specifically a sawed-off shotgun, under Texas law constitutes a crime of violence under the federal sentencing guidelines. Ruben Serna pleaded guilty to possessing a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1). At sentencing, the district court found that Serna's previous state court felony conviction for possession...

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