United States v. Sanchez, 667 F.3d 555 (5th Cir. Jan. 10, 2012) (Texas conviction of attempted sexual assault of a child, in violation of Texas Penal Code 22.011(a)(2) and (c)(1), and 15.01(a), constituted a crime of violence, within the meaning of U.S.S.G. 2L1.2(b)(1)(A), for illegal reentry sentencing purposes; even though the Texas definition of attempt differs from the federal substantial step test of attempt, the Texas definition has not actually been applied more broadly than the federal test: Sanchez has failed to direct us to a case in which a Texas court applied the Texas attempt statute to criminalize conduct that would not satisfy the substantial step test. Sanchez has not demonstrated that as actually applied by a state court, the Texas attempt statute sweeps more broadly than the substantial step test for attempt.).

jurisdiction: 
Fifth Circuit

 

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