United States v. Hector Parrales-Guzman

Opinion

Case: 16-20700 Document: 00514230393 Page: 1 Date Filed: 11/08/2017

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals

No. 16-20700 Fifth Circuit

FILED Summary Calendar November 8, 2017 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee

v.

HECTOR PARRALES-GUZMAN, also known as Hector Guzman Parrales, also known as Hector Guzman Perales, also known as Hector Parrales Guzman, also known as Hector Perales-Guzman, also known as Hector Parrales,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CR-235-1

Before KING, ELROD, and HIGGINSON, Circuit Judges. PER CURIAM: * Hector Parrales-Guzman appeals his conviction of illegal reentry under 8 U.S.C. § 1326(a) and (b)(1). He contends that his prior removal ultimately rested on the application of the crime of violence definition in 8 U.S.C. § 16(b), which he argues is unconstitutionally vague. He correctly acknowledges that

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-20700 Document: 00514230393 Page: 2 Date Filed: 11/08/2017

No. 16-20700

his argument is foreclosed by circuit precedent. United States v. Gonzalez- Longoria, 831 F.3d 670, 672 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 16-6259). Accordingly, we GRANT the Government’s motion for summary affirmance, and we AFFIRM the judgment of the district court. The Government’s alternative motion for an extension of time to file a brief is DENIED as unnecessary.