United States v. Islas-Saucedo, No. 16-40672 (5th Cir. 2018)Annotate this Case
Defendant appealed his sentence after pleading guilty to illegal reentry after having been deported. While his appeal was pending, the Fifth Circuit held in United States v. Herrold, 883 F.3d 517, 517 (5th Cir. 2018) (en banc), that a conviction under the same Texas burglary statute was not a violent felony under the Armed Career Criminal Act. In light of Herrold, the government conceded that plaintiff was entitled to a vacated sentence. Therefore, the court vacated and remanded for resentencing.