Case Information
*1 Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges.
PER CURIAM:*
Juan Canas Cervantes-Sandoval appeals the sentence he received following his guilty plea conviction for illegal reentry. The sole issue is whether the district court committed reversible error in imposing a sixteen-level increase under U.S. Sentencing Guideline § 2L1.2(b)(1)(A)(ii) based on its determination that Cervantes-Sandoval was previously deported following a conviction for a crime of violence (“COV”).
*2 Case: 15-40387 Document: 00513794418 Page: 2 Date Filed: 12/13/2016
No. 15-40387
Cervantes-Sandoval contends that his prior conviction for aggravated assault under Ga. Code § 16-5-21(a) is not a COV because the least culpable act under the statute: (1) does not meet the generic, contemporary definition of “aggravated assault” in U.S.S.G. § 2L1.2; and (2) does not have as an element the use, attempted use, or threatened use of physical force against another.
The arguments that Cervantes-Sandoval has raised are identical to those rejected by this Court in United States v. Torres-Jaime, 821 F.3d 577, 581–85 (5th Cir. 2016). As Cervantes-Sandoval concedes, Torres-Jaime is binding precedent that forecloses his arguments, even in the wake of Mathis v. United States , 136 S. Ct. 2243 (2016). See United States v. Hernandez-Cifuentes, No. 16-40550, 2016 WL 6210703, at *1 (5th Cir. Oct. 24, 2016). Accordingly, for the reasons explained in Torres-Jaime , the district court did not err in determining that Cervantes-Sandoval’s prior conviction for aggravated assault was a COV and applying the sixteen-level § 2L1.2(b) enhancement. The judgment of the district court is therefore AFFIRMED.
2
[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.
