United States v. Black ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 99-10664
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KEITH W. BLACK,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court for the
Northern District of Texas
USDC No. 3:98-CR-324-ALL
_________________________________________________________________
April 4, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Keith Black appeals his sentence after pleading guilty to the
fraudulent use of a social security number and to being a felon in
possession of a firearm. Black argues that the district court
erred when it used the categorical approach set forth by this court
in United States v. Galvan-Rodriguez, 169 F.3d 217, 219 (5th Cir.),
cert. denied, 120 S. Ct. 100 (1999), to determine that his prior
conviction for the unlawful taking of a vehicle was a crime of
violence for sentence enhancement purposes under U.S.S.G.
§ 2K2.1(a)(2).
*
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this opinion should not be published and is not precedent except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.
This court need not reach the issue whether the court’s
approach was incorrect because, under the “residual clause” of
§ 4B1.2(a)(2), Black’s underlying conviction was a crime of
violence given that he stole the car at gunpoint. See United
States v. Kirk, 111 F.3d 390, 394 (5th Cir. 1997).
A F F I R M E D.
2