USA v. Anthony Daniel

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UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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