Larin-Ulloa v. Gonzales, __ F.3d __, 2006 WL 2441387 (5th Cir. Aug. 24, 2006) (sentencing factor notation in state court journal entry form indicating that offense was committed with a firearm could not be used under modified categorical approach to support BIA determination that noncitizen had pleaded guilty to portion of divisible statute that involved use of a deadly weapon, since sentencing factors frequently refer to facts neither alleged nor admitted in court).

jurisdiction: 
Fifth Circuit

 

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