United States v. Juan Castillo-Rivera

I concur in Section III.B of the majority opinion, in Section I of Judge Dennis’s dissenting opinion, and in full in Judge Smith’s dissenting opinion. Because “felony” under Texas Penal Code § 46.04 is defined more broadly than, hence not “defined in,” 18 U.S.C. § 922(g)(1), I agree with Judge Dennis’s dissenting opinion that Texas Penal Code § 46.04 cannot be an “aggravated felony” under the Sentencing Guidelines. Although I have applied the “realistic-probability” test announced *244in Duenas-Alvarez,1 I agree with Judge Dennis’s dissenting opinion that this added showing is unnecessary when a…