United States v. Lino Carrillo-Hernandez

Opinion

Case: 15-20731 Document: 00513803979 Page: 1 Date Filed: 12/20/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15-20731 Conference Calendar

United States Court of Appeals Fifth Circuit

FILED

December 20, 2016

UNITED STATES OF AMERICA, Lyle W. Cayce

Clerk

Plaintiff-Appellee

v.

LINO ISAAC CARRILLO-HERNANDEZ, also known as Lino Carrillo- Hernandez, also known as Lino Carillo-Hernandez, also known as Lino Isaac Carrillo, also known as Lino Isaac Hernandez Carrillo, also known as Lino Carrillo Hernandez,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CR-476-1

Before DENNIS, PRADO, and OWEN, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, 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),

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-20731 Document: 00513803979 Page: 2 Date Filed: 12/20/2016

No. 15-20731

which defines a crime of violence when incorporated by reference into U.S.S.G. § 2L1.2(b)(1)(C), is not unconstitutionally vague on its face in light of Johnson v. United States, 135 S. Ct. 2551 (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.