U.S. v. HERROLD

No. 14-11317.

941 F.3d 173 (2019)

UNITED STATES of America, Plaintiff-Appellee v. Michael HERROLD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED October 18, 2019.


Attorney(s) appearing for the Case

Leigha Amy Simonton , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, David M. Lieberman , U.S. Department of Justice, Criminal Division, Washington, DC, for Plaintiff-Appellee.

James Matthew Wright , Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Amarillo, TX, for Defendant-Appellant.

Before OWEN, Chief Judge, and JOLLY, HIGGINBOTHAM, JONES, SMITH, STEWART, DENNIS, CLEMENT, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, COSTA, WILLETT, HO, DUNCAN, ENGELHARDT, and OLDHAM, Circuit Judges.


ON REMAND FROM THE UNITED STATES SUPREME COURT

If the Texas burglary statute1 is "generic" burglary, as the Armed Career Criminal Act case law has defined it, Michael Herrold will receive a 15-year sentence enhancement. When Herrold pled guilty in 2014 to possession of...

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