United States v. Turner, 349 F.3d 833, 836 (5th Cir. 2003) (refusing to consider charging document in order to determine whether prior conviction was a crime of violence under USSG 4B1.2(a)(2), since defendant had pleaded guilty to a lesser offense; "a district court may not rely on a charging document without first establishing that the crime charged was the same crime for which the defendant was convicted." quoting United States v. Spell, 44 F.3d 936, 940 (11th Cir. 1995)).
jurisdiction:
Fifth Circuit