United States v. Castro-Guevarra, 575 F.3d 550 (5th Cir. Jul. 13, 2009) ("Because an 'abstract of judgment is generated by the [convicting] court's clerical staff, ... it is not an "explicit factual finding by the trial judge to which the defendant assented," which the court may consider under Shepard.' . . . We, therefore, may not rely on any information contained in the abstract of judgment when determining whether Castro-Guevarra's state conviction is an enumerated offense for enhancement purposes."), quoting United States v. Gutierrez-Ramirez, 405 F.3d 352, 359 (5th Cir. 2005), in turn quoting Shepard v. United States, 544 U.S. 13, 15, 125 S.Ct. 1254, 1257, 161 L.Ed.2d 205 (2005).

jurisdiction: 
Fifth Circuit

 

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