United States v. Jose Valle-Ramirez

677 F. App'x 187

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 21, 2017
• Docket: 15-41719 Conference Calendar
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Jose Luis Valle-Ramirez raises an argument that is foreclosed by United States v. Torres-Jaime, 821 F.3d 577 (5th Cir. 2016), petition for cert. filed (Sept. 1, 2016) (No. 16-5853). In Torres-Jaime, we held that a Georgia conviction for aggravated assault qualifies as a crime of violence under U.S.S.G. § 2L1.2 (2014). Torres-Jaime, 821 F.3d at 580-85. He also 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 § 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). Gonzalez-Longoria, 831 F.3d 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.

Nevertheless, the written judgment contains a clerical error in that it identifies Valle-Ramirez’s statute of conviction as 8 U.S.C. § 1324, rather than § 1326. We therefore REMAND for correction of the written judgment in accordance with Federal Rule of Criminal Procedure 36. See United States v. Johnson, 588 F.2d 961, 964 (5th Cir. 1979).

* Pursuant to 5th Cir. R, 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.