United States v. Flores, No. 18-40334 (5th Cir. 2019)Annotate this Case
The Fifth Circuit vacated defendant's sentence imposed after he pleaded guilty to one count of being a felon in possession of a firearm. The court held that aggravated assault under Texas law does not categorically require the use or carrying of a knife, firearm, or destructive device, and cannot qualify as a predicate offense under Armed Career Criminal Act for juvenile adjudications. However, the district court did not err in calculating defendant's base offense level as 24 under USSG 2K2.1. The court remanded for resentencing.