United States v. Luis Rocha Flores

Fifth Circuit

United States v. Luis Rocha Flores

921 F.3d 1133

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 30, 2019

Docket17-20666

StatusPublished

Cited by2 cases

This text of 921 F.3d 1133 (United States v. Luis Rocha Flores) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Luis Rocha Flores, 921 F.3d 1133 (5th Cir. 2019).

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Opinion

PER CURIAM:

Luis Javier Rocha Flores contends that Texas assault of a public servant is not an "aggravated felony" under 8 U.S.C. § 1326 (b)(2), because it is not a "crime of violence." See 8 U.S.C. § 1326 (a), (b)(2) (requiring commission of an "aggravated felony," defined in part as a "crime of violence"); TEX. PEN. CODE § 22.01(a)(1), (b)(1) (providing the elements of Texas assault of a public servant).

But, in United States v. Gracia-Cantu , we held that Texas "Assault-Family Violence" is a "crime of violence." See 920 F.3d 252 , 253-54 (5th Cir. 2019) (per curiam) (citing United States v. Reyes-Contreras , 910 F.3d 169 (5th Cir. 2018) (en banc) ). Because Texas assault of a public servant has substantively identical elements, we conclude that it is also a "crime of violence." It is therefore an "aggravated felony" under 8 U.S.C. § 1326 (b)(2). Accordingly, we affirm.

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PER CURIAM:

Luis Javier Rocha Flores contends that Texas assault of a public servant is not an "aggravated felony" under 8 U.S.C. § 1326 (b)(2), because it is not a "crime of violence." See 8 U.S.C. § 1326 (a), (b)(2) (requiring commission of an "aggravated felony," defined in part as a "crime of violence"); TEX. PEN. CODE § 22.01(a)(1), (b)(1) (providing the elements of Texas assault of a public servant).

But, in United States v. Gracia-Cantu , we held that Texas "Assault-Family Violence" is a "crime of violence." See 920 F.3d 252 , 253-54 (5th Cir. 2019) (per curiam) (citing United States v. Reyes-Contreras , 910 F.3d 169 (5th Cir. 2018) (en banc) ). Because Texas assault of a public servant has substantively identical elements, we conclude that it is also a "crime of violence." It is therefore an "aggravated felony" under 8 U.S.C. § 1326 (b)(2). Accordingly, we affirm.

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921 F.3d 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-luis-rocha-flores-ca5-2019.

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