United States v. Stoglin (5th Cir. May 2022)

The Federal Docket

June 1, 2022

Adrian Stoglin was convicted of drug trafficking and firearm offenses. He was also sentenced to an enhanced mandatory minimum sentence under 18 USC 3559(c) based on his prior conviction in Texas for aggravated assault.

The Fifth Circuit vacated his sentence, holding that the district court plainly erred in applying the enhanced sentence under 18 USC 3559, which applies if a defendant has prior convictions for a “serious violent felony.” Here, given the Supreme Court’s holding in Borden v. US, Texas aggravated assault is not a “serious violent felony” because a defendant can be convicted for acting with a “reckless” intent.

Appeal from the Western District of Texas
Opinion by Dennis, joined by Higginbotham and Graves

Click here to read the opinion.

Tom Church - Tom is a trial and appellate lawyer focusing on criminal defense and civil trials. Tom is the author of "The Federal Docket" and is a contributor to Mercer Law Review's Annual Survey in the areas of federal sentencing guidelines and criminal law. Tom graduated with honors from the University of Georgia Law School where he served as a research assistant to the faculty in the areas of constitutional law and civil rights litigation. Read Tom's reviews on AVVO. Follow Tom on Linkedin.

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