USA v. Jesus Maldonado-Landaverde
Filing
UNPUBLISHED OPINION FILED. [15-10626 Affirmed ] Judge: EGJ , Judge: ECP , Judge: LHS Mandate pull date is 03/14/2017 for Appellant Jesus Maldonado-Landaverde; granting motion for summary affirmance filed by Appellee USA [8338108-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [8338108-3] [15-10626]
Case: 15-10626
Document: 00513882259
Page: 1
Date Filed: 02/21/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-10626
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
February 21, 2017
UNITED STATES OF AMERICA,
Plaintiff-Appellee
Lyle W. Cayce
Clerk
v.
JESUS MALDONADO-LANDAVERDE, also known as Jesus Maldonado, also
known as Jesus Maldonado-Andaverde,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:15-CR-14-1
Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Jesus MaldonadoLandaverde raises an argument that is foreclosed by United States v. GonzalezLongoria, 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.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-10626
Document: 00513882259
Page: 2
Date Filed: 02/21/2017
No. 15-10626
§ 2L1.2(b)(1)(C) (2014), is not unconstitutionally vague on its face in light of
Johnson v. United States, 135 S. Ct. 2551 (2015). Gonzalez-Longoria, 831 F.3d
at 672. Accordingly, the motion for summary affirmance 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.
2
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