United States v. Adalberto Aguirre-Arellano

Opinion

Case: 16-40667 Document: 00513882849 Page: 1 Date Filed: 02/21/2017

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16-40667 Conference Calendar

United States Court of Appeals Fifth Circuit

FILED

February 21, 2017

UNITED STATES OF AMERICA, Lyle W. Cayce

Clerk

Plaintiff-Appellee

v.

ADALBERTO AGUIRRE-ARELLANO, also known as Adalberto Aguirre,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15-CR-1407-1

Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Adalberto Aguirre-Arellano raises an argument that is foreclosed by United States v. Gonzalez-Longoria, 831 F.3d 670 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 16-6259). In Gonzalez-Longoria, we held that 18 U.S.C. § 16(b), which defines a crime of violence when incorporated by reference into U.S.S.G. § 2L1.2(b)(1)(C) (2014), is not unconstitutionally vague on its face in light of

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Case: 16-40667 Document: 00513882849 Page: 2 Date Filed: 02/21/2017

No. 16-40667

Johnson v. United States, 135 S. Ct. 2551 (2015). Gonzalez-Longoria, 831 F.3d at 672. Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.