United States v. Juan Torres-Mata ( 2015 )

Case: 14-50961 Document: 00513101062 Page: 1 Date Filed: 07/01/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 14-50961
Fifth Circuit
FILED
Summary Calendar July 1, 2015
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
JUAN GUILLERMO TORRES-MATA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:14-CR-208
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
Juan Guillermo Torres-Mata 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)(A)(ii) based on a finding that he had a prior conviction for a crime
of violence (“COV”). He contends that his 2007 Indiana conviction of 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.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-50961 Document: 00513101062 Page: 2 Date Filed: 07/01/2015
No. 14-50961
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); United States v. Tejada-Calderon, 234 F. App’x 211,
211-12 (5th Cir. 2007); United States v. Juarez-Mejia, 337 F. App’x 408, 409
(5th Cir. 2009). Therefore, the district court did not err in assessing the
increase.
The judgment is AFFIRMED.
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