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

United States v. Torres

U.S. Court of Appeals for the Fifth Circuit · Decided February 21, 2017 · Jolly, Prado, Southwick

677 F. App'x 145

Counsel

Katherine Lisa Haden, Carmen Castillo Mitchell, Assistant U.S. Attorneys, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee, Marjorie A. Meyers, Federal Public Defender, Michael Lance Herman, Assistant Federal Public Defender, Federal. Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant

Cases that cite this one

1 later published case cites this decision.

United States v. Albin Torres (5th Cir. 2019)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM: *

Appealing the judgment in a criminal case, Albín Alexander Torres 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 U.S.S.G. § 2L1.2(b)(l)(C) (2014), 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 affir-mance 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.

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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