USA v. Waldin Soto-Romero, No. 11-51176 (5th Cir. 2012)
Annotate this Case
Download PDF
Case: 11-51176 Document: 00512044430 Page: 1 Date Filed: 11/06/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-51176 Summary Calendar November 6, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. WALDIN ANDRES SOTO-ROMERO, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:10-CR-900-1 Before SMITH, DeMOSS, and SOUTHWICK, Circuit Judges. PER CURIAM:* Waldin Andres Soto-Romero appeals the 54-month term of imprisonment imposed following his guilty plea conviction for having been unlawfully found in the United States following prior deportation. Specifically, he challenges the district court s application of the 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii), based upon his prior conviction for a crime of violence, namely, the Georgia offense of aggravated assault. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 11-51176 Document: 00512044430 Page: 2 Date Filed: 11/06/2012 No. 11-51176 Soto-Romero contends that the Georgia statute of conviction is not an enumerated offense and does not implicate the residual use of force prong of § 2L1.2's definition. Because he did not object on this basis below, this court s review is for plain error only. See United States v. Brantey, 537 F.3d 347, 351 (5th Cir. 2008). To establish reversible plain error, Soto-Romero must show a forfeited error that is clear or obvious and that affects his substantial rights. See Puckett v. United States, 556 U.S. 129, 135 (2009). If he makes such a showing, we have the discretion to correct the error but only if it seriously affects the fairness, integrity, or public reputation of judicial proceedings. See id. Using a common sense approach, we hold that the district court did not plainly err in its determination that the generic, contemporary meaning of the offense of aggravated assault includes the intentionally-caused apprehension of injury, 2 Wayne R. LaFave, Substantive Criminal Law, § 16.3 (2d ed. 2003), and that Soto-Romero s Georgia offense falls within that generic, contemporary meaning. United States v. Santiesteban-Hernandez, 469 F.3d 376, 378-79 (5th Cir. 2006); United States v. Sanchez-Ruedas, 452 F.3d 409, 411, 414 (5th Cir. 2006). Accordingly, the judgment of the district court is AFFIRMED. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
