Background

• Defendant Domingo Garces pleaded guilty to possession with intent to distribute marijuana and was sentenced with a career-offender enhancement under U.S.S.G. § 4B1.1.
• The enhancement turned on whether Garces' prior Texas conviction for aggravated assault (Tex. Penal Code § 22.02(a)) qualifies as a "crime of violence" under U.S.S.G. § 4B1.2.
• Garces argued Texas aggravated assault is not a crime of violence because (1) its elements do not require use/threatened use of physical force, (2) the § 4B1.2(a)(2) residual clause is unconstitutionally vague, and (3) the Guidelines commentary listing "aggravated assault" is inconsistent with the Guideline text.
• The district court applied the career-offender enhancement; Garces appealed, preserving a constitutional challenge to the Guidelines' application.
• The Fifth Circuit reviewed guideline interpretation de novo and facts for clear error and affirmed, concluding Texas aggravated assault qualifies under the residual clause and that the commentary is an interpretive aid.

Issues

Key Cases Cited

• United States v. Cisneros–Gutierrez, 517 F.3d 751 (5th Cir. 2008) (standard of review for guideline interpretation and factual findings)
• United States v. Preciado-Delacruz, 801 F.3d 508 (5th Cir. 2015) (de novo review of preserved constitutional challenges to Guidelines application)
• Stinson v. United States, 508 U.S. 36 (1993) (Guidelines commentary is authoritative unless inconsistent with Guideline text)
• United States v. Guillen–Alvarez, 489 F.3d 197 (5th Cir. 2007) (held Texas aggravated assault qualifies as enumerated "aggravated assault" for sentencing)
• United States v. Rayo-Valdez, 302 F.3d 314 (5th Cir. 2002) (consistency of crimes-of-violence analysis across Guidelines)
• United States v. Shepherd, 848 F.3d 425 (5th Cir. 2017) (applying crime-of-violence analysis in related guideline contexts)
• United States v. Fernandez, [citation="292 F. App'x 301"] (5th Cir. 2008) (citing Guillen-Alvarez as controlling precedent)