United States v. Duran

TYMKOYICH, Circuit Judge.

Jarrod Duran challenges the procedural reasonableness of his forty-one-month sentence, claiming that his prior conviction for aggravated assault under Texas law was not a crime of violence under the United States Sentencing Guidelines (USSG). Because we agree that under Texas law aggravated assault can be committed with only a mens rea of recklessness, it is not categorically a crime of violence.

We therefore remand for resentencing.

I. Background

Duran pleaded guilty to one count of possession of a firearm by a convicted felon. His plea arose from a police encounter in…