United States v. Burris

The Fifth Circuit vacated defendant's sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's prior Texas conviction for robbery was not a violent felony because it did not have the "use, attempted use, or threatened use of physical force" as an element. Accordingly, defendant lacked the three requisite prior violent felonies to be sentenced as an armed career criminal. The court remanded for resentencing. View "United States v. Burris" on Justia Law