United States v. Ramos-Garcia,
95 F.3d 369 (5th Cir. Sept. 5, 1996), cert. denied, 519 U.S.
1083 (1997) (Texas conviction for burglary of vehicle in violation
of Penal Code § 30.04 (1993) was an "aggravated felony
" under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)
within meaning of U.S.S.G. § 2L1.2(b) sentence enhancement
for illegal re-entry after deportation, despite change in
Texas law, Texas Penal Code Ann. § 30.04 (1994), reducing
burglary of vehicle from felony to misdemeanor).
jurisdiction:
Fifth Circuit