United States v. Dominic Walton ( 2018 )

Case: 17-10199 Document: 00514738077 Page: 1 Date Filed: 11/27/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 17-10199 United States Court of Appeals
Summary Calendar
Fifth Circuit
FILED
November 27, 2018
UNITED STATES OF AMERICA, Lyle W. Cayce
Clerk
Plaintiff - Appellant
v.
DOMINIC LADALE WALTON,
Defendant - Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-364-1
Before DENNIS, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Dominic Ladale Walton received a 24-month sentence following his
guilty plea conviction for felon in possession of a firearm. The district court
sustained Walton’s objection to the application of the Armed Career Criminal
Act (ACCA), 18 U.S.C. § 924(e), based on his three prior convictions for
burglary of a habitation, violations of Texas Penal Code § 30.02(a)(1). The
Government timely appealed.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-10199 Document: 00514738077 Page: 2 Date Filed: 11/27/2018
No. 17-10199
Upon motion by the Government, this case was held in abeyance pending
a decision in United States v. Herrold, 883 F.3d 517 (5th Cir. 2018) (en banc),
petition for cert. filed (Apr. 18, 2018) (No. 17-1445). Herrold has now issued
and, as the Government concedes, the district court did not err in determining
that Walton’s three prior convictions for burglary of a habitation, in violation
of Texas Penal Code § 30.02(a)(1), could not serve as predicate offenses under
the ACCA. See Herrold, 883 F.3d at 541. Accordingly, the judgment of the
district court is AFFIRMED.
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