The Eighth Circuit Reverses a Federal Sentencing Decision on a Novel, Important Issue of Statutory Interpretation
On August 15, 2023, the United States Court of Appeals for the Eighth Circuit, as a matter of first impression, determined a Texas statute criminalized greater conduct than its federal corollaries, and, as such, vacated a federal criminal sentence which was imposed on that erred predicate. Specifically, the Court of Appeals determined the Texas statute’s overbreadth precluded the District Court from enhancing the defendant’s sentence on that basis. As such, the Court of Appeals determined that the case must be returned to the District Court for re-sentencing consistent with this interpretation of the statute. Adam Zenor and Derek LaBrie represented the defendant in this matter and successfully obtained this appellate ruling.
United States v. Campos, -- F.4th --, No. 21-3524, 2023 WL 5211563 (8th Cir. Aug. 15, 2023)