United States v. Fuentes-Canales

The Fifth Circuit denied a petition for panel rehearing and withdrew the previous opinions, substituting the following opinion.The court held that, in light of United States v. Herrold, defendant's conviction for burglary did not qualify as a predicate for the district court's application of a 16 level sentencing enhancement under USSG 2L1.2(b)(1)(A)(ii). Herrold abrogated prior decisions of this court that held that a conviction under Texas Penal Code 30.03(a)(1) was generic burglary. The court held, however, that defendant failed to satisfy the fourth prong of plain error review, because the error did not seriously affect the fairness, integrity or public reputation of judicial proceedings. View "United States v. Fuentes-Canales" on Justia Law