United States v. Carrillo-Hernandez

671 F. App'x 361

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 20, 2016
• Docket: No. 15-20731 Conference Calendar
• Status: Published

Opinion

PER CURIAM:

*

Appealing the judgment in a criminal ease, Lino Isaac Carrillo-Hernandez 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)(l)(C), is not unconstitutionally vague on its face in light of Johnson v. United States, — U.S.—, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). Id. at 672. 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.

Pursuant to 5th Cir. R, 47.5, the court has ■ determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.