United States v. Enrique Vargas-Duran

EMILIO M. GARZA, Circuit Judge:

Enrique Vargas-Duran appeals the district court’s determination that his Texas conviction for intoxication assault was a “crime of violence” for purposes of the 16-level sentencing enhancement under § 2L1.2(b)(l)(A)(ii) of the 2001 version of the United States Sentencing Guidelines. Vargas-Duran contends that, in light of our decision in United States v. Chapa-Garza, 243 F.3d 921 (5th Cir.2001), his prior conviction for intoxication assault is not a “crime of violence” under § 2L1.2(b)(l)(A)(ii) because it does not have as an element the intentional use of force…