USA v. Anthony Daniel

Filing

UNPUBLISHED OPINION FILED. [16-10232 Affirmed] Judge: FPB, Judge: JLD, Judge: ECP. Mandate pull date is 06/08/2017 for Appellant Anthony Verdean Daniels [16-10232]

Case: 16-10232

Document: 00513997595

Page: 1

Date Filed: 05/18/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10232
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
May 18, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ANTHONY VERDEAN DANIELS,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-185-1
Before BENAVIDES, DENNIS, and PRADO, Circuit Judges.
PER CURIAM: *

Anthony Verdean Daniels appeals his 224-month sentence under the
Armed Career Criminal Act, 18 U.S.C. § 924(e), for possession of a firearm by
a felon and possession of cocaine with intent to distribute. His appeal rests on
the assertion that Texas Penal Code § 30.02 is not divisible under Mathis v.
United States, 136 S. Ct. 2243 (2016). After his brief was filed, we held that
§ 30.02 is divisible under Mathis. United States v. Uribe, 838 F.3d 667, 669-71

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 16-10232

Document: 00513997595

Page: 2

Date Filed: 05/18/2017

No. 16-10232
(5th Cir. 2016), cert. denied, 2017 WL 661924 (Mar. 20, 2017) (No. 16-7969).
Accordingly, the judgment of the district court is AFFIRMED.

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