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.