USA v. Anthony Daniels, No. 16-10232 (5th Cir. 2018)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on May 18, 2017.
Download PDF
Case: 16-10232 Document: 00514377268 Page: 1 Date Filed: 03/07/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10232 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 7, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ANTHONY VERDEAN DANIELS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-185-1 ON PETITION FOR REHEARING Before BENAVIDES, DENNIS, and PRADO, Circuit Judges. PER CURIAM: * The Court grants the petition for panel rehearing, withdraws its previous opinion in this matter, United States v. Daniels, 689 F. App’x 376 (5th Cir. 2017), and substitutes the following opinion. Anthony Verdean Daniels appeals his 224-month sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e), for possession of a firearm by Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 16-10232 Document: 00514377268 Page: 2 Date Filed: 03/07/2018 No. 16-10232 a felon and possession of cocaine with intent to distribute. His appeal rests on the assertion that Texas Penal Code § 30.02 is not divisible under Mathis v. United States, 136 S. Ct. 2243 (2016). After his brief was filed, we held that § 30.02 is divisible under Mathis. United States v. Uribe, 838 F.3d 667, 669-71 (5th Cir. 2016), cert. denied, 137 S. Ct. 1359 (2017). Relying on Uribe, our original opinion on this appeal affirmed the district court’s judgment. Subsequently, on February 20, 2018, this Court, sitting en banc, expressly overruled the holding in Uribe. United States v. Herrold, __ F.3d __, No. 14-11317, 2018 WL 948373 (5th Cir. Feb. 20, 2018). More specifically, we held that the Texas burglary statute was indivisible and that it was broader than generic burglary. Id. at *18. Thus, the prior conviction under the Texas burglary statute did not qualify as a violent felony. Id. Because Daniels’s prior conviction was under the same Texas burglary statute, we VACATE his sentence and REMAND for resentencing consistent with the holding in Herrold. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
