Case: 23-10977 Document: 57-1 Page: 1 Date Filed: 05/01/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10977 Summary Calendar FILED ____________ May 1, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Damien Datrion Joiner, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 1:23-CR-11-1 ______________________________ Before Higginson, Ho, and Engelhardt, Circuit Judges.

Per Curiam: * Damien Datrion Joiner appeals the 57-month sentence imposed following his conviction for possession of a firearm after a felony conviction.

He argues that the district court reversibly erred in calculating his advisory guidelines range by classifying his prior conviction under Texas Penal Code § 22.02(a)(2) as the enumerated felony crime of violence offense of _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-10977 Document: 57-1 Page: 2 Date Filed: 05/01/2024

No. 23-10977

aggravated assault under U.S.S.G. § 2K2.1, which incorporates by reference U.S.S.G. § 4B1.2’s definition of a crime of violence. He argues that Borden v. United States, 593 U.S. 420 (2021), overruled United States v. Guillen- Alvarez, 489 F.3d 197, 200-01 (2007), and that his § 22.02(a)(2) offense therefore no longer qualifies as the enumerated offense of aggravated assault.

Borden, however, addressed the elements clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e), not the enumerated-offense clause, and is thus distinguishable from both Guillen-Alvarez and this case. See 593 U.S. at 423-24; 489 F.3d at 200-01. Joiner’s challenge fails.

Accordingly, we AFFIRM the judgment and DISMISS as moot the Government’s alternative motion for an extension to file its brief.