United States v. Gonzalez-Longoria, No. 15-40041 (5th Cir. 2016)
Annotate this CaseDefendant pled guilty to being illegally present in the United States and the district court applied an eight-level sentencing enhancement because defendant had previously committed an aggravated felony. In Johnson v. United States, the Supreme Court held that the Armed Career Criminal Act, 18 U.S.C. 924(e), violated the constitutional prohibition against vague criminal statutes by defining “violent felony” as any crime that “is burglary, arson, or extortion, involves the use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” At issue for the first time on appeal is whether 18 U.S.C. 16's statutory definition of “crime of violence” is unconstitutionally vague. The court agreed with its sister circuits and held that Section 16's definition is sufficiently similar to the ACCA's language such that it is also unconstitutionally vague. Accordingly, the court vacated defendant's sentence and remanded for resentencing.
The court issued a subsequent related opinion or order on February 26, 2016.
The court issued a subsequent related opinion or order on August 5, 2016.
The court issued a subsequent related opinion or order on June 26, 2018.
The court issued a subsequent related opinion or order on July 13, 2018.
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