Opinion
No. 07-40545, Summary Calendar.
January 23, 2008.
David Haskell Henderson, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Texas, Beaumont, TX, for Plaintiff-Appellee.
Frank Warren Henderson, Assistant Federal Public Defender, Federal Defender's Office, Eastern District of Texas, Tyler, TX, for 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.
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, 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.