United States v. Sevier

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10936
Summary Calendar

UNITED STATES OF AMERICA,

v.

CHRISTOPHER MICHAEL SEVIER,

Plaintiff-Appellee

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:17-CR-69-1

Before HIGGINBOTHAM, HO, and ENGELHARDT, Circuit Judges.
PER CURIAM:
*

Christopher Michael Sevier appeals his sentence to 60 months of
imprisonment and three years of supervised release following his guilty plea
conviction for possession of a firearm by a felon and possession with intent to
distribute a controlled substance. He contends that his prior Texas conviction
for aggravated assault with a deadly weapon should not have been used to
enhance his base offense level, pursuant to U.S.S.G. § 2K2.1. He maintains

*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
May 6, 2020

Lyle W. Cayce
Clerk
Case: 19-10936 Document: 00515406000 Page: 1 Date Filed: 05/06/2020

No. 19-10936

that the Texas offense of aggravated assault does not meet the § 4B1.2(a)
definition of crime of violence because the Texas offense is materially broader
than the enumerated offense of aggravated assault and it lacks the use,
attempted use, or threatened use of physical force as an element. He concedes
that his argument is foreclosed under United States v. Guillen-Alvarez, 489
F.3d 197 (5th Cir. 2007), but presents his argument for further review.
In Guillen-Alvarez, this court held that the Texas offense of aggravated
assault with a deadly weapon constitutes the enumerated offense of
aggravated assault, and thus qualifies as a conviction for a crime of violence.
Guillen-Alvarez, 489 F.3d at 198-201. Thus, Sevier is correct that his argument
is foreclosed and summary affirmance is appropriate. See Groendyke Transp.,
Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).
The Government’s motion for summary affirmance is GRANTED, the
district court’s judgment is AFFIRMED, and the Government’s alternative
motion for an extension of time to file a brief is DENIED.

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Case: 19-10936 Document: 00515406000 Page: 2 Date Filed: 05/06/2020