United States v. Green ( 2001 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 00-20245
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United States of America,
Plaintiff-Appellee,
v.
Dennis Lee Green,
Defendant-Appellant.
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Appeal from the United States District Court
For the Southern District of Texas
(H-99-CR-510-1)
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August 13, 2001
Before DAVIS and JONES, Circuit Judges, and PRADO*, District Judge.
PER CURIAM:**
Dennis Lee Green challenges the sufficiency of the factual
basis for his plea of guilty to conspiracy to commit arson in
violation of 18 U.S.C. § 371. The facts of this case are very
similar to those of United States v. Johnson, 194 F.3d 657 (5th
Cir. 1999), vacated by 530 U.S. 1201, 120 S.Ct. 2193 (2000), on
remand, 246 F.3d 749 (5th Cir. 2001), where we held that the facts
presented by the government were insufficient to show that the
*
District Judge of the Western District of Texas, sitting by
designation.
**
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this opinion should not be published and is not precedent except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.
church burned by the defendant was actively employed for commercial
purposes. Likewise, the facts presented by the government in this
case are insufficient to show that the Bryan United Pentecostal
Church was actively employed for commercial purposes. See also
Jones v. United States, 529 U.S. 848, 120 S.Ct. 1904, 146 L.Ed.2d
902 (2000); United States v. Odom, __ F.3d __, 2001 WL 585710 (11th
Cir. 2001); United States v. Rea, 223 F.3d 741 (8th Cir. 2000).
Accordingly, there was an insufficient factual basis for Green’s
plea. We therefore VACATE Green’s plea and REMAND this case to the
district court for further proceedings.
VACATED AND REMANDED.
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