US v. Armendariz-Moreno, No. 07-40225
Defendant's sentence is vacated, where Defendant's prior state offense of unauthorized use of a motor vehicle was not a "crime of violence" under the Armed Career Criminal Act, because the generic crime of violence or aggravated felony must itself involve purposeful, violent and aggressive conduct.
Appeal from the United States District Court for the Southern District of Texas
USDC No. 1:06-CR-1029-ALL
ON REMAND FROM THE SUPREME COURT
Filed on June 15, 2009
Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges.
Opinion by PER CURIAM.