USA v. Stoglin, No. 21-50206 (5th Cir. 2022)
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Defendant pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute cocaine base and one count of knowingly possessing a firearm in furtherance of a drug trafficking offense. The indictment also alleged Defendant had suffered a prior serious violent felony conviction based on a prior Texas conviction for aggravated assault with a deadly weapon for which Defendant served more than 12 months in prison. Based on Defendant's prior conviction, the district court determined that his statutory sentencing range was ten years to life in prison. Defendant appealed the application of the recidivist enhancement.
The Fifth Circuit vacated Defendant's sentence, finding that the district court plainly erred. Under Borden v. United States, 141 S. Ct. 1817 (2021), an offense requiring the use, attempted use, or threatened use of physical force against another person is not a violent felony under the Armed Career Criminal Act if it criminalizes reckless conduct. The Texas aggravated assault statute at issue, Texas Penal Code Sec. 22.02(a)(1) and (2), allows for a defendant to be convicted based on reckless conduct.
The court also found that the error affected Defendant's substantial rights because there was a reasonable probability that, but for the district
court’s error, Defendant would have received a lesser sentence.
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