United States v. Gonzalez-Agundis

── United States v. Gonzalez-Agundis ── Court: Court of Appeals for the Fifth Circuit Date: April 30, 2026 Category: Direct Criminal Case: 25-40057 Document: 66-1 Page: 1 Date Filed: 04/30/2026 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-40057 FILED April 30, 2026 ____________ Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Adrian Gonzalez-Agundis, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 7:24-CR-1467-1 ______________________________ Before Stewart, Engelhardt, and Douglas, Circuit Judges. Per Curiam: * Adrian Gonzalez-Agundis brandished a knife during an encounter with a law enforcement officer. This appeal concerns whether the district court erred in finding that Gonzalez-Agundis intended to harm the officer and sentencing him under the guideline for aggravated assault. Finding no clear error, we AFFIRM. _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-40057 Document: 66-1 Page: 2 Date Filed: 04/30/2026 No. 25-40057 I. Customs and Border Patrol (CBP) agents were investigating suspected unauthorized entries by people near the southern border. One of the individuals, Gonzalez-Agundis, fled towards the Rio Grande River, and a CBP agent pursued him. As the agent approached, Gonzalez-Agundis stopped, pulled out a knife, and—with the knife in his hand—turned towards the agent in a threatening manner. The agent told him to drop the knife several times, but he refused. The agent tased Gonzalez-Agundis, making him drop to the ground. The agent tried to gain control of Gonzalez-Agundis, but he resisted and, after being tased a second time, continued resisting. As the struggle continued, the agent drive-stunned Gonzalez-Agundis and was then able to restrain him. Gonzalez-Agundis pleaded guilty to illegal reentry, in violation of 8 U.S.C. § 1326(a) and (b), and assaulting, resisting, or impeding officers engaged in official duties with a deadly or dangerous weapon, in violation of 18 U.S.C. § 111(a)(1) and (b). The presentence investigation report (PSR) calculated a guidelines range of 57 to 71 months’ imprisonment. Relevant here, the probation officer calculated the § 111 offense level by looking to U.S.S.G. § 2A2.4 and determining that the cross-reference to U.S.S.G. § 2A2.2 should apply because the charged conduct constituted aggravated assault. Gonzalez- Agundis objected to the PSR, arguing that no facts supported finding that he intended to cause bodily injury with the knife. The district court overruled his objection, finding that the totality of the circumstances indicated that Gonzalez-Agundis intended to cause bodily harm. The district court varied downwards and sentenced Gonzalez- Agundis to 42 months’ imprisonment and two years’ supervised release. Gonzalez-Agundis timely appealed his sentence. 2  Case: 25-40057 Document: 66-1 Page: 3 Date Filed: 04/30/2026 No. 25-40057