U.S. v. TURNER

No. 01-10617.

305 F.3d 349 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. David Earl TURNER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 6, 2002.


Attorney(s) appearing for the Case

Nancy E. Larson and Richard Bratton Roper, III (argued), Asst. U.S. Attys., Fort Worth, TX, for Plaintiff-Appellee.

Marc F. Gault (argued), Fort Worth, TX, for Defendant-Appellant.

Before DUHÉ, BARKSDALE and DENNIS, Circuit Judges.


DUHÉ, Circuit Judge:

David Turner appeals his sentence following a guilty plea to possession of a firearm by a convicted felon. His appeal presents the question whether a prior conviction of burglary of a building constitutes a "crime of violence" for purposes of increasing the base offense level under the Sentencing Guidelines. Because that determination turns on the conduct expressly charged in the indictment for the prior conviction, which is not in the record...

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