United States v. Clinton ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-11477
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENNETH WAYNE CLINTON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:00-CR-32-ALL
--------------------
October 8, 2002
Before BARKSDALE, DeMOSS, and BENAVIDES, CIRCUIT JUDGES.
PER CURIAM:*
Kenneth Wayne Clinton appeals his sentence following
conviction for felon in possession of a firearm in violation of 18
U.S.C. § 922(g)(1). Clinton argues that a prior conviction for the
unauthorized use of a motor vehicle is not a crime of violence and
should not have been considered for sentencing enhancement purposes
under U.S.S.G. §§ 2K2.1 and 4B1.2. He argues that the reasoning of
our decision in United States v. Jackson, 220 F.3d 635, 639 (5th
Cir. 2000), cert. denied, 532 U.S. 988 (2001), which held that the
*
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this opinion should not be published and is not precedent except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. 01-11477
-2-
unauthorized use of a motor vehicle was a crime of violence, has
been undermined by United States v. Chapa-Garza, 243 F.3d 921 (5th
Cir. 2001). We recently overturned Jackson in United States v.
Charles, __ F.3d __ (5th Cir. July 31, 2002, No. 01-10113)(en
banc), 2002 WL 1764147 at *4.
We therefore VACATE the sentence and REMAND for re-sentencing
consistent with Charles.
VACATED and REMANDED.
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