United States v. Shepherd, No. 15-20268 (5th Cir. 2017)
Annotate this CaseDefendant 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.
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