Case: 16-41576 Document: 00514654965 Page: 1 Date Filed: 09/25/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 16-41576 FILED September 25, 2018 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MICHAEL GUARDIOLA, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:16-CV-211 USDC No. 2:05-CR-599-1

Before JOLLY, COSTA, and HO, Circuit Judges.

PER CURIAM: * Michael Guardiola, federal prisoner # 50187-179, appeals the district court’s denial of his 28 U.S.C. § 2255 motion. In that motion, he sought resentencing, arguing that his predicate convictions no longer qualify as violent felonies under the Armed Career Criminal Act (ACCA) in light of Johnson v. United States, 135 S. Ct. 2551 (2015), which Welch v. United States,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41576 Document: 00514654965 Page: 2 Date Filed: 09/25/2018

No. 16-41576 136 S. Ct. 1257 (2016) makes retroactive. Our review is de novo. See United States v. Taylor, 873 F.3d 476, 479 (5th Cir. 2018).

Guardiola contends that his prior Texas convictions for aggravated robbery are not violent felonies under the ACCA. See 18 U.S.C. § 924(e)(1), (2)(B). But we recently rejected a similar challenge, holding that convictions under Texas Penal Code § 29.03(a)(2) qualified as violent felony convictions under the ACCA’s force clause. See United States v. Lerma, 877 F.3d 628, 636 (5th Cir. 2017), cert. denied, 138 S. Ct. 2585 (2018).

AFFIRMED.