On May 31, 2007, Reginald Keith Hagen was charged with possession of firearms *897 and making false statements or representations to a licensed firearms dealer in violation of Title 18 U.S.C. §§ 922(g)(9), 924(a)(2), 922(a)(6); 924(a)(2) and 924(a)(1)(A). The government alleged that Hagen had been convicted of a misdemeanor crime of domestic violence, and as a result made a false statement on ATF Form 4473 in order to purchase two firearms.

Hagen moved to dismiss the indictment on the grounds that he was convicted for “assault of a family member” under Texas Penal Code § 22.01(a)(1) and (b)(2) which he argues does not qualify as a “misdemeanor crime of domestic violence” under 18 U.S.C. § 921(a)(33)(A). The district court granted the motion. The district court relied on this court’s ruling in United States v. Villegas-Hemandez, 1 in deciding to not follow United States v. Shelton. 2 We agree with the district court and AFFIRM the dismissal of the indictment.