United States v. Frost ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41258
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID FROST,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-01-CR-186-1
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September 13, 2002
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
David Frost appeals his sentence following his guilty-plea
conviction for possession of pseudoephedrine with intent to
manufacture methamphetamine in violation of 21 U.S.C.
§ 841(c)(1). Frost argues that the district court erred in
determining that he was a career offender pursuant to U.S.S.G.
§ 4B1.1. Frost contends that, despite this court’s ruling to the
contrary in United States v. Jackson, 220 F.3d 635 (5th Cir.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 01-41258
-2-
2000), cert. denied, 532 U.S. 988 (2001), his two prior
convictions for the Texas crime of unauthorized use of a motor
vehicle are not crimes of violence pursuant to U.S.S.G.
§ 4B1.2(a)(2). This court reviews “a district court's
interpretation of the sentencing guidelines de novo and its
application of the guidelines to the facts for clear error.” See
United States v. Cho, 136 F.3d 982, 983 (5th Cir. 1998).
After Frost was sentenced, we decided United States v.
Charles, __ F.3d __ (5th Cir. Jul. 31, 2002, No. 01-10113) (en
banc), 2002 WL 1764147, *1, in which we overruled Jackson.
Accordingly, Frost's sentence is VACATED, and this case is
REMANDED for re-sentencing in light of Charles.