United States v. Luis Rocha Flores

U.S. Court of Appeals for the Fifth Circuit
United States v. Luis Rocha Flores, 921 F.3d 1133 (5th Cir. 2019)

United States v. Luis Rocha Flores

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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff - Appellee v. Luis Javier ROCHA FLORES, Defendant - Appellant
Cited By
2 cases
Status
Published