United States v. Arturo Benavides

Opinion

Case: 15-20487 Document: 00513802273 Page: 1 Date Filed: 12/19/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

United States Court of Appeals Fifth Circuit

No. 15-20487 FILED Summary Calendar December 19, 2016 Lyle W. Cayce

Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ARTURO MONTES BENAVIDES,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CR-173-1

Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Arturo Montes Benavides raises arguments that are foreclosed by United States v. Gonzalez-Longoria, 831 F.3d 670 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 30, 2016) (No. 16-6259). In Gonzalez-Longoria, 831 F.3d at 672, 677-78, we held that 18 U.S.C. § 16(b) is not unconstitutionally vague on its face in light of Johnson v. United States, 135 S. Ct. 2551 (2015), and can be applied without

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-20487 Document: 00513802273 Page: 2 Date Filed: 12/19/2016

No. 15-20487

violating due process. Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.