USA v. Juarez-Mejia, No. 08-10699 (5th Cir. 2009)
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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-10699 Summary Calendar July 9, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LAZARO JUAREZ-MEJIA, Defendant-Appellant. Appeal from the United States District Court for the Northern District of Texas No. 3:08-CR-34-ALL Before SMITH, GARZA, and SOUTHWICK, Circuit Judges. 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)(1)* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-10699 (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. 2
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