because in that case the district court made an unqualified statement as to the defendant’s right to appeal, the prosecution objected and the court subsequently expressed uncertainty as to appellate rights. Ceja-Romero contends that his prior Washington state conviction for assault with a deadly weapon is not categorically a crime of violence for the purpose of a sentence enhancement under U.S.S.G. § 2L1.2(b)(l)(A). We agree. Washington has recognized the type of common-law assault that involves “an unlawful touching with criminal intent.” State v. Frohs, 83 Wash.App. 803, 813, 924 P.2d 384 (1996). A deadly weapon is one that, under the circumstances in which used, is capable of causing death or substantial bodily harm. State v. Shilling, 77 Wash.App. 166, 171, 889 P.2d 948 (1995) (<HOLDING>); State v. Barragan, 102 Wash.App. 754, 761-62,
holding floor can be used as deadly weapon holding hand can be deadly weapon holding that bar glass was deadly weapon recognizing that deadly weapon finding may be made even when weapon used is unknown holding that pencil was deadly weapon