United States v. Anthony Daniels

Case: 16-10232 Document: 00513997595 Page: 1 Date Filed: 05/18/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-10232
Fifth Circuit
FILED
Summary Calendar May 18, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
ANTHONY VERDEAN DANIELS,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-185-1
Before BENAVIDES, DENNIS, and PRADO, Circuit Judges.
PER CURIAM: *
Anthony Verdean Daniels appeals his 224-month sentence under the
Armed Career Criminal Act, 18 U.S.C. § 924(e), for possession of a firearm by
a felon and possession of cocaine with intent to distribute. His appeal rests on
the assertion that Texas Penal Code § 30.02 is not divisible under Mathis v.
United States, 136 S. Ct. 2243 (2016). After his brief was filed, we held that
§ 30.02 is divisible under Mathis. United States v. Uribe, 838 F.3d 667, 669-71
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10232 Document: 00513997595 Page: 2 Date Filed: 05/18/2017
No. 16-10232
(5th Cir. 2016), cert. denied, 2017 WL 661924 (Mar. 20, 2017) (No. 16-7969).
Accordingly, the judgment of the district court is AFFIRMED.
2