Case: 16-40550 Document: 00513731099 Page: 1 Date Filed: 10/24/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-40550
Fifth Circuit
FILED
Summary Calendar October 24, 2016
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
ANGEL HERNANDEZ-CIFUENTES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:15-CR-928-1
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Angel Hernandez-Cifuentes appeals the sentence he received following
his guilty plea conviction for illegal reentry. He argues that the district court
erred in assessing a 16-level increase under U.S.S.G. § 2L1.2(b) based on the
determination that he was previously deported following a conviction for a
crime of violence (COV). Hernandez-Cifuentes contends that his prior Georgia
conviction for aggravated assault is not a COV because the Georgia offense is
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40550 Document: 00513731099 Page: 2 Date Filed: 10/24/2016
No. 16-40550
broader than the generic definition of aggravated assault as it does not require
an intent to injure but instead requires only the intent to commit an act that
places another in reasonable apprehension of injury. Hernandez-Cifuentes
cites to United States v. Hernandez-Rodriguez, 788 F.3d 193 (5th Cir. 2015), in
support of his contentions.
The arguments raised by Hernandez-Cifuentes are identical to those
raised by the defendant and rejected by this court in United States v. Torres-
Jaime, 821 F.3d 577, 582-85 (5th Cir. 2016), petition for cert. filed (Sept. 1,
2016) (No. 16-5853). Relying on prior unpublished decisions and the Model
Penal Code, the Torres-Jaime court held that the Georgia offense was the
equivalent of the generic offense of aggravated assault under the common
sense approach. Id. Thus, the district court did not err in determining that
Hernandez-Cifuentes’s prior Georgia conviction for aggravated assault was a
COV and in applying the 16-level § 2L1.2(b) enhancement.
Accordingly, Hernandez-Cifuentes’s motion for summary disposition is
GRANTED, and the judgment of the district court is AFFIRMED.
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