IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40850
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JULIO MOLINA ARGUETA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-01-CR-219-1
--------------------
August 20, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
Julio Molina Argueta (“Molina”) appeals the sentencing
following his guilty plea to illegal reentry into the United
States following deportation. Molina argues that the district
court erroneously determined that his conviction for simple
battery was a “crime of violence” under U.S.S.G. § 4B1.2. Molina
was convicted in Georgia of slapping his common law wife, and he
contends that the particular way in which he committed the crime
*
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that this opinion should not be published and is not precedent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. 01-40850
-2-
of simple battery fails to meet the definition of a “crime of
violence.”
This court reviews the district court’s application of the
Sentencing Guidelines de novo. United States v. Jackson, 220
F.3d 635, 636 (5th Cir. 2000). Section 4B1.2 defines a “crime of
violence” as an offense which has as an element the use,
attempted use, or threatened use of physical force against the
person of another. U.S.S.G. § 4B1.2(a). Georgia defines simple
battery as (1) intentionally making physical contact of an
insulting or provoking nature with the person of another, or
(2) intentionally causing physical harm to another. GA. CODE ANN.
§ 16-5-23 (1996). Molina’s conviction for simple battery for
slapping his common law wife meets the definition of a “crime of
violence.”
Molina’s sentence is AFFIRMED.