Lerma

MEMORANDUM **

Following a guilty plea, Gilbert Lee Lerma was convicted of assault with a dangerous weapon in violation of 18 U.S.C. §§ 1153 , 113(a)(3). He now contends on appeal that the district court erred in ruling at sentencing he was a career offender under USSG § 4B1.1(a)(3).

Lerma contends his 1996 Arizona conviction for aggravated assault was not a crime of violence. Lerma was convicted of “[ijntentionally placing another person in reasonable apprehension of imminent physical injury,” using “a deadly weapon or dangerous instrument.” Ariz.Rev.Stat. §§ 13-1203(A)(2), 13-1204(A)(2). Because Lerma threatened someone else with a dangerous weapon, he committed a crime that fell within one of the definitions of a crime of violence: “threatened use of physical force against the person of another.” USSG § 4B1.2(a)(l).

Lerma also contends his 1994 Arizona conviction for class 6 felony endangerment was not a crime of violence. “Class 6 felony endangerment” is defined as “recklessly endangering another person with a substantial risk of imminent death.” Ariz.Rev.Stat. § 13-1201. This meets the definition of a crime of violence because it “involves ... a serious potential risk of…