January 29th, 2019

United States v. Perdomo

Docket: 15-40958
Opinion Date: January 28, 2019
Judge: James Earl Graves, Jr.
Areas of Law: Criminal Law

On remand from the Supreme Court, the Fifth Circuit affirmed the district court's judgment reflecting that defendant was convicted under 8 U.S.C. 1326(b)(2) rather than section 1326(b)(1). The court held that, in light of the Supreme Court's opinion in United States v. Stitt, 139 S.Ct. 399 (2018), holding that Arkansas residential burglary "falls within the scope of generic burglary's definition," defendant's conviction was an aggravated felony.

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