USA v. Arturo Benavide


UNPUBLISHED OPINION FILED.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]

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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. ยง 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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