United States v. Green

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ________________________________

No. 00-20245 ________________________________

United States of America,

Plaintiff-Appellee,

v.

Dennis Lee Green,

Defendant-Appellant.

_____________________________________________

Appeal from the United States District Court For the Southern District of Texas (H-99-CR-510-1) _____________________________________________ August 13, 2001

Before DAVIS and JONES, Circuit Judges, and PRADO*, District Judge.

PER CURIAM:**

Dennis Lee Green challenges the sufficiency of the factual

basis for his plea of guilty to conspiracy to commit arson in

violation of 18 U.S.C. § 371. The facts of this case are very

similar to those of United States v. Johnson, 194 F.3d 657 (5th

Cir. 1999), vacated by 530 U.S. 1201, 120 S.Ct. 2193 (2000), on

remand, 246 F.3d 749 (5th Cir. 2001), where we held that the facts

presented by the government were insufficient to show that the

* District Judge of the Western District of Texas, sitting by designation. ** Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. church burned by the defendant was actively employed for commercial

purposes. Likewise, the facts presented by the government in this

case are insufficient to show that the Bryan United Pentecostal

Church was actively employed for commercial purposes. See also

Jones v. United States, 529 U.S. 848, 120 S.Ct. 1904, 146 L.Ed.2d

902 (2000); United States v. Odom, __ F.3d __, 2001 WL 585710 (11th

Cir. 2001); United States v. Rea, 223 F.3d 741 (8th Cir. 2000).

Accordingly, there was an insufficient factual basis for Green’s

plea. We therefore VACATE Green’s plea and REMAND this case to the

district court for further proceedings.

VACATED AND REMANDED.

-2-