United States v. Rodriguez

BACHARACH, Circuit Judge.

Mr. Samuel Rodriguez pleaded guilty to the distribution of five grams or more of methamphetamine. The district court accepted the plea and sentenced Mr. Rodriguez. In determining the sentence, the court applied an enhancement based on a finding that Mr. Rodriguez was a career offender because he had at least two earlier felony convictions for a crime of violence or a controlled substance. See U.S. Sentencing Guidelines Manual § 4Bl.l(a). One of these convictions involved simple assault under Texas Penal Code § 22.01. The parties disagree on whether the assault…