United States v. Juarez-Mejia

337 F. App'x 408

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 9, 2009
• Docket: 08-10699
• Status: Unpublished

Opinion

PER CURIAM: *

Lazaro Juarez-Mejia appeals his sentence. He argues that the district court erred in assessing a sixteen-level increase under U.S.S.G. § 2L1.2(b)(l)(A)(ii) based on a finding that he had a prior conviction for a crime of violence (“COV”). He contends that his Indiana conviction of aiding attempted battery with a deadly weapon is not a COV, because it is neither an enumerated offense nor has as an element the use, attempted use, or threatened use of force.

This court reviews de novo the district court’s interpretation of the sentencing guidelines. United States v. Cisneros-Gutierrez, 517 F.3d 751, 764 (5th Cir.2008). Although the statute of conviction does not specifically require the use of force, the prior conviction qualifies as a COV under § 2L1.2, because “the touching of an individual with a deadly weapon creates a sufficient threat of force to qualify as a crime of violence.” United States v. Dominguez, 479 F.3d 345, 348 (5th Cir.2007). Therefore, the court did not err in assessing the increase.

The judgment is AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.