United States v. Shepherd

Defendant challenged his sentence after pleading guilty to being a felon in possession of a firearm. Defendant contends that the district court misapplied the guidelines enhancements for both of the Texas convictions, neither of which is eligible to serve as a predicate offense under USSG 4B1.2(b). The court found that the district court committed harmless error as to the conviction for delivery of a controlled substance where this court has declared that a Texas conviction for delivery of a controlled substance is not a "controlled substance offense" within the meaning of the Sentencing Guidelines. The court concluded that defendant's Texas conviction for aggravated assault is a crime of violence under USSG 4B1.2, and rejected defendant's assertion that this guideline is unconstitutionally vague. Accordingly, the court affirmed the judgment. View "United States v. Shepherd" on Justia Law