United States v. Lomeli-Avalos , 211 F. App'x 651 ( 2006 )

MEMORANDUM^**

Jacobo Lomeli-Avalos appeals the district court’s denial of his motion to dismiss the indictment. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

The district court properly held that Lomeli-Avalos’s 2002 conviction for assault with a deadly weapon was pursuant to a statute that satisfies the definition of an aggravated felony provided by 18 U.S.C. § 16. The deadly nature of the weapon with which the assault is committed¹ necessarily implies the danger of physical force.² The intent requirement in the statute³ insures that a defendant intends to evoke the victim’s fear. Accordingly, the district court properly rejected Lomeli-Avalos’s collateral attack on the 2003 deportation and, correspondingly, properly denied his motion to dismiss the indictment.

AFFIRMED.

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1 . Nev.Rev.Stat. § 200.471(2)(b).

2 . Cf. United States v. Hernandez-Castellanos, 287 F.3d 876, 880-81 (9th Cir.2002) (holding that a statute covering conduct that does not necessarily involve the risk or use of force did not categorically satisfy the definition of an aggravated felony).

3 . Nev.Rev.Stat. § 200.471(l)(a).