U.S. Court of Appeals for the Fifth Circuit, 2017

United States v. Martin Bolanos-Galvan

United States v. Martin Bolanos-Galvan
U.S. Court of Appeals for the Fifth Circuit · Decided September 12, 2017 · Higginbotham, Jones, Per Curiam, Smith
697 F. App'x 370

United States v. Martin Bolanos-Galvan

Opinion

PER CURIAM: *

Martin Bolanos-Galvan pleaded guilty to illegal reentry following deportation and was sentenced to a 36-month term of imprisonment. On appeal, he renews his challenge to the district court’s application of the eight-level aggravated felony enhancement of U.S.S.G. § 2L1.2(b)(1)(C). The gravamen of his argument is that, in light of Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), the definition of a crime of violence in 18 U.S.C. § 16(b) is unconstitutionally vague on its face. Therefore, he contends, his prior Texas felony conviction of assault on a police officer does not qualify as a crime of violence under § 16(b) and thus is not an aggravated felony for purposes of 8 U.S.C. § 1101(a)(43)(F) and § 2L1.2(b)(1)(C).

As Bolanos-Galvan concedes, his argument is foreclosed by United States v. Gonzalez-Longoria, 831 F.3d 670, 672-77 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 16-6259), in which we rejected a constitutional challenge to § 16(b) as facially vague. Accord *371 ingly, Bolanos-Galvan’s unopposed motion for summary disposition is GRANTED, and the district court’s judgment is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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