Defendant's firearm possession sentence is affirmed where Defendant's prior conviction under Texas Penal Code section 22.05(b)(1) for firing a gun at or in the direction of another person constituted a violent felony under the Armed Career Criminal Act because it involved the use, attempted use or threatened use of physical force against another person.
Read the full decision in US v. Hernandez, No. 08-6190.
Appellate Information:
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA (D.C. NO. CR-08-48-F-1)
Decided on June 16, 2009
Judges:
Before MURPHY, ANDERSON, and TYMKOVICH, Circuit Judges.
Opinion by TYMKOVICH, Circuit Judge.
Counsel:
William P. Earley, Assistant Federal Public Defender, Office of the Federal Public Defender, Oklahoma City, Oklahoma, for Appellant.
Edward J. Kumiega, Assistant United States Attorney, Office of the United States
Attorney, Oklahoma City, Oklahoma, for Appellee.
