Court of Appeals for the Fifth Circuit January 31, 2013, 11-60754 (United States v. Wayne Stoker)

EDITH H. JONES, Circuit Judge,

specially concurring,

joined by GARZA, Circuit Judge.

Although bound by precedent to concur in reversing Stoker’s sentence, I would have otherwise affirmed.

Lipscomb binds us in the straitjacket of the modified categorical approach and the “conduct charged in the indictment” when determining if Stoker’s retaliation offense of conviction was a crime of violence.