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U.S. v. CHARLES

No. 01-10113.

301 F.3d 309 (2002)

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

United States Court of Appeals, Fifth Circuit.

July 31, 2002.

Attorney(s) appearing for the Case

Nancy E. Larson, Asst. U.S. Atty., Fort Worth, TX, Michael Reuss Snipes, Asst. U.S. Atty. (argued), Chad Eugene Meacham, Dallas, TX, for Plaintiff-Appellee.

George Andrew Platt (argued), Westfall, Platt & Cutrer, Fort Worth, TX, for Defendant-Appellant.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

We granted rehearing en banc in this sentencing appeal in order to determine whether theft of a motor vehicle is a crime of violence under United States Sentencing Guideline ("U.S.S.G.") § 4B1.2(a)(2), requiring the enhanced sentence imposed on Charles. We hold that simple automobile theft is not a crime of violence. We therefore VACATE Charles' sentence and REMAND for re-sentencing.

I

The defendant, Joseph...

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