U.S. Court of Appeals for the Fifth Circuit, 2019

United States v. Luis Rocha Flores

U.S. Court of Appeals for the Fifth Circuit · Decided April 30, 2019 · Haynes, Graves

921 F.3d 1133 (Federal Reporter, Third Series)

Counsel

John Richard Berry, 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, Evan Gray Howze, Scott Andrew Martin, Assistant Federal Public Defenders, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Cases that cite this one

2 later published cases cite this decision.

United States v. Treshun Bates (5th Cir. 2020)
United States v. Hernandez (5th Cir. 2025)

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

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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