MEMORANDUM**
Jacobo Lomeli-Avalos appeals the district court’s denial of his motion to dismiss the indictment. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
The district court properly held that Lomeli-Avalos’s 2002 conviction for assault with a deadly weapon was pursuant to a statute that satisfies the definition of an aggravated felony provided by 18 U.S.C. § 16. The deadly nature of the weapon with which the assault is committed1 necessarily implies the danger of physical force.2 The intent requirement in the statute3 insures that a defendant intends to evoke the victim’s fear. Accordingly, the district court properly rejected Lomeli-Avalos’s collateral attack on the 2003 deportation and, correspondingly, properly denied his motion to dismiss the indictment.
AFFIRMED.