USA v. Jorge Olalde-Gonzalez


UNPUBLISHED OPINION On Remand from the Supreme Court of the United States FILED. [15-10869 Affirmed ] Judge: TMR , Judge: JES , Judge: CH [15-10869]

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Case: 15-10869 Document: 00513870747 Page: 1 Date Filed: 02/10/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10869 Summary Calendar UNITED STATES OF AMERICA, United States Court of Appeals Fifth Circuit FILED February 10, 2017 Lyle W. Cayce Clerk Plaintiff - Appellee v. JORGE OLALDE-GONZALEZ, Defendant - Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 6:15-CR-8-1 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before REAVLEY, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* The Supreme Court granted Jorge Olalde-Gonzalez’s petition for writ of certiorari, vacated this court’s judgment, and remanded the case for further consideration in light of Mathis v. United States, 136 S.Ct. 2243 (2016). See 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-10869 Document: 00513870747 Page: 2 Date Filed: 02/10/2017 No. 15-10869 Olalde-Gonzalez v. United States, 137 S.Ct. 296 (2016) (mem.). While the defendant raised multiple contentions on appeal, the only issue presented in light of Mathis is whether the district court plainly erred by enhancing the defendant’s sentence based on a prior Texas burglary conviction. Prior to Mathis, the defendant conceded that his argument was foreclosed by United States v. Conde–Castaneda, 753 F.3d 172 (5th Cir. 2014). See United States v. Olalde-Gonzalez, 642 F. App’x 426, 428 (5th Cir. 2016.). The Fifth Circuit has since confronted the issue of whether Mathis “disturbs Conde–Castaneda,” and we held “that it does not.” United States v. Uribe, 838 F.3d 667, 670 (5th Cir. 2016). Following Uribe, we held this case in abeyance while the Uribe defendant sought en banc review. The petition for rehearing en banc was denied on January 30, 2017, and this case is ripe for disposition. Uribe controls. Accordingly, the sentence is AFFIRMED. 2

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