USA v. Arturo Benavide

Filing

UNPUBLISHED OPINION FILED. [15-20487 Affirmed] Judge: CDK , Judge: JLD , Judge: GJC. Mandate pull date is 01/09/2017 for Appellant Arturo Montes Benavides; granting motion for summary affirmance filed by Appellee USA [8304103-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [8304103-3] [15-20487]

Case: 15-20487

Document: 00513802273

Page: 1

Date Filed: 12/19/2016

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-20487
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
December 19, 2016
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ARTURO MONTES BENAVIDES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CR-173-1
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *

Appealing the judgment in a criminal case, Arturo Montes Benavides
raises arguments that are foreclosed by United States v. Gonzalez-Longoria,
831 F.3d 670 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 30, 2016)
(No. 16-6259). In Gonzalez-Longoria, 831 F.3d at 672, 677-78, we held that
18 U.S.C. § 16(b) is not unconstitutionally vague on its face in light of
Johnson v. United States, 135 S. Ct. 2551 (2015), and can be applied without

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-20487

Document: 00513802273

Page: 2

Date Filed: 12/19/2016

No. 15-20487
violating due process. 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.

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