United States v. Jose Soto-Ortiz

701 F. App'x 378

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 14, 2017
• Docket: 16-41043 Summary Calendar
• Status: Unpublished

Opinion

PER CURIAM: *

Jose Soto-Ortiz appeals the 57-month within-guidelines sentence imposed in connection with his guilty plea conviction for illegal reentry after deportation. Soto-Ortiz argues that the district court plainly erred in characterizing his prior convictions for Texas murder and aggravated assault as crimes of violence within the Guidelines, resulting in an additional criminal history point under U.S.S.G. § 4Al,l(e). He contends that the residual clause of the former version of U.S.S.G. § 4B1.2(a)(2) (2015), is unconstitutional in light of Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), where the Supreme Court held that nearly identical language in the Armed Career Criminal Act was unconstitutionally vague. All of Soto-Ortiz’s arguments are foreclosed by United States v. Jeffries, 822 F.3d 192, 193-94 (5th Cir.), reh’g denied, 829 F.3d 769 (5th Cir. 2016), cert. denied, — U.S. -, 137 S.Ct. 1328, 197 L.Ed.2d 524 (2017) and Beckles v. United States, — U.S. -, 137 S.Ct. 886, 197 L.Ed.2d 145 (2017).

Accordingly, the Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. The alternative motion for an extension of time is DENIED as moot.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.