Opinion
No. 07-20223, Summary Calendar.
January 22, 2008.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
Marjorie A. Meyers, Federal Public Defender, Federal Public Defender's Office Southern District of Texas, Houston, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:06-CR-379-ALL.
Before GARWOOD, WIENER and BARKSDALE, Circuit Judges.
Jhonni Galves appeals his guilty-plea conviction and sentence for illegal reentry into the United States after having been deported, in violation of 8 U.S.C. § 1326(a) and (b). Galves contends that the district court erred by imposing a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) because his prior Texas conviction for aggravated assault is not a crime of violence under the Sentencing Guidelines. He contends that the Texas crime of aggravated assault has a broader definition than most other definitions of aggravated assault because it may be committed by threatening the victim with a weapon.
This court has previously held that aggravated assault under Texas Penal Code § 22.02 (Vernon 2002), which is identical to the 1997 version of the statute at issue in the instant case, is substantially similar to the generic, common sense definition of "aggravated assault" under the Guidelines. See United States v. Guillen-Alvarez, 489 F.3d 197, 199-201 (5th Cir.), cert. denied, ___ U.S.___, 128 S.Ct. 418, 169 L.Ed.2d 293 (2007). See also United States v. Rojas-Gutierrez, 510 F.3d 545 (5th Cir. 2007).
Accordingly, the judgment of the district court is
AFFIRMED.