United States v. Charles, 301 F.3d
309 (5th Cir. July 31, 2002) (en banc) (Texas conviction of
simple motor vehicle theft was not a crime of violence under
U.S.S.G. § 4B1.2(a)(2) for federal firearm offense sentencing
purposes, since the indictment did not suggest the offense
involved a serious potential risk of injury to a person; note
that this definition of "crime of violence" differs
from the definition contained in 18 U.S.C. § 16(b)), vacating
in part 275 F.3d 468 (5th Cir. Dec. 10, 2001), and overruling
United States v. Jackson, 220 F.3d 635 (5th Cir. July 26,
2000).

jurisdiction: 
Fifth Circuit

 

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