May 07th, 2019

US Court of Appeals for the Fifth Circuit Opinions
United States v. Torres

Docket: 16-20191
Opinion Date: May 6, 2019
Judge: Leslie H. Southwick
Areas of Law: Criminal Law

On remand from the Supreme Court, the Fifth Circuit held that defendant's prior Texas aggravated assault conviction was a crime of violence under 18 U.S.C. 16(a). The court held that a knowing threat to another of imminent bodily injury, which was the state statute's requirement, was knowingly threatening to employ a force capable of causing physical pain or injury, which was the section 16(a) requirement. Accordingly, the court affirmed defendant's sentence.

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