USA v. Nelson, No. 07-40545 (5th Cir. 2008)
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-40545 Summary Calendar January 23, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ANTOINE NELSON Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:06-CR-115-ALL Before KING, DAVIS and CLEMENT, Circuit Judges. PER CURIAM:* Antoine Nelson appeals his sentence following his guilty-plea for assaulting an employee of the United States in violation of 18 U.S.C. § 111(a)(1) & (b). Nelson s sole argument on appeal is that the district court erred in applying U.S.S.G. § 2A2.2 based on its finding that the boiling water thrown by Nelson onto a corrections officer was a dangerous weapon under the Guidelines. Nelson argues that under § 2A2.2 a dangerous weapon refers only to instruments and not to substances, such as water. Nelson does not refute, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-40545 however, the district court s finding that the assault caused serious bodily injuries. Nelson has failed to demonstrate any error in the district court s finding that the hot water, in the manner used and in light of the injuries sustained, was a dangerous weapon under § 2A2.2. Accordingly, the judgment of the district court is AFFIRMED. 2
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