Summary Calendar UNITED STATES OF AMERICA v. Antoine Nelson

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-40545
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ANTOINE NELSON
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:06-CR-115-ALL
Before KING, DAVIS and CLEMENT, Circuit Judges.
PER CURIAM:*
Antoine Nelson appeals his sentence following his guilty-plea for
assaulting an employee of the United States in violation of 18 U.S.C. § 111(a)(1)
& (b). Nelson’s sole argument on appeal is that the district court erred in
applying U.S.S.G. § 2A2.2 based on its finding that the boiling water thrown by
Nelson onto a corrections officer was a “dangerous weapon” under the
Guidelines. Nelson argues that under § 2A2.2 a “dangerous weapon” refers only
to “instruments” and not to substances, such as water. Nelson does not refute,
United States Court of Appeals
Fifth Circuit
F I L E D
January 23, 2008
Charles R. Fulbruge III
Clerk

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No. 07-40545
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however, the district court’s finding that the assault caused serious bodily
injuries.
Nelson has failed to demonstrate any error in the district court’s finding
that the hot water, in the manner used and in light of the injuries sustained, was
a “dangerous weapon” under § 2A2.2. Accordingly, the judgment of the district
court is AFFIRMED.

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