United States v. Francisco De La Cruz, Jr.

Case: 13-10541 Document: 00513161625 Page: 1 Date Filed: 08/19/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-10541 FILED August 19, 2015 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. FRANCISCO DE LA CRUZ, JR., also known as Frank Delacruz, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:12-CR-111-1 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before REAVLEY, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM: * The defendant has been sentenced to the mandatory minimum sentence pursuant to the Armed Career Criminal Act because of three prior convictions for violent felonies. Because the Supreme Court has held that the residual clause of the statute is unconstitutional in Johnson v. United States #13-7120, 576 U.S. _____ (2015), defendant’s sentence must be vacated and a new sentence imposed. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 13-10541 Document: 00513161625 Page: 2 Date Filed: 08/19/2015 No. 13-10541 SENTENCE VACATED; CASE REMANDED. 2