Here's the final paragraph:


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-

,1 in deciding to not follow United States v. Shelton.2 We agree with

the district court and AFFIRM the dismissal of the indictment."