IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-51078
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEONEL JAIMES-MALDONADO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-01-CR-143-ALL-JN
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April 3, 2002
Before DAVIS, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Leonel Jaimes-Maldonado appeals his sentence after pleading
guilty to possession of a firearm by an illegal alien. 18 U.S.C.
§ 922(g)(5). Jaimes challenges his base offense level of 20
under U.S.S.G. § 2K2.1(a)(4)(A)(2000). Jaimes contends that he
did not have a prior violent felony conviction that was
punishable by a term of imprisonment in excess of one year as
required by U.S.S.G. § 2K2.1(a)(4)(A) and as defined in U.S.S.G.
§ 4B1.2, comment. (n.1).
*
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that this opinion should not be published and is not precedent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.
No. 01-51078
-2-
“‘Prior felony conviction’ means a prior adult federal or
state conviction for an offense punishable by death or
imprisonment for a term exceeding one year, regardless of whether
such offense is specifically designated as a felony and
regardless of the actual sentence imposed.” U.S.S.G. § 4B1.2,
comment. (n.3) (emphasis added). Although Jaimes was sentenced
pursuant to TEX. PENAL CODE ANN. § 12.44 as if he had been
convicted of a Class A misdemeanor, Jaimes’s prior conviction for
attempted assault on a peace officer, punishable by imprisonment
for a maximum term of two years, qualified as a prior felony
conviction of a crime of violence. See U.S.S.G.
§ 2K2.1(a)(4)(A). The district court thus properly assessed
Jaimes’s base offense level as 20.
Jaimes’s motion to supplement the record on appeal is
DENIED.
AFFIRMED.