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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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