IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-10784
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOEL ANTHONY JACKSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:01-CR-174-A-1
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March 25, 2003
Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Joel Anthony Jackson (“Jackson”) appeals his sentence for
being a felon in possession of a firearm, in violation of 18
U.S.C. §§ 922(g)(1) and 924(a)(2). Jackson argues that his
previous convictions for unauthorized use of a motor vehicle and
theft of a vehicle are not crimes of violence and should not have
been considered for sentencing enhancement purposes under
U.S.S.G. §§ 2K2.1 and 4B1.2. The Government concedes that
Jackson’s previous convictions are not crimes of violence.
*
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that this opinion should not be published and is not precedent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.
No. 02-10784
-2-
In United States v. Charles, 301 F.3d 309, 314 (5th Cir.
2002)(en banc), this court held that a crime is a “crime of
violence” under § 4B1.2(a)(2) “only if, from the face of the
indictment, the crime charged or the conduct charged presents a
serious potential risk of injury to a person.” It is impossible
to review the Jackson’s prior indictments under this standard
because they are not present in the record. Therefore, we VACATE
Jackson’s sentence and REMAND to the district court for
resentencing consistent with the decision in Charles. See United
States v. Lee, 310 F.3d 787, 791 (5th Cir. 2002).
VACATED and REMANDED FOR RESENTENCING.