USA v. Silverio Gatica-Chavez

Filing

UNPUBLISHED OPINION FILED. [15-40204 Affirmed ] Judge: EGJ , Judge: ECP , Judge: LHS Mandate pull date is 03/14/2017 for Appellant Silverio Gatica-Chavez; granting motion for summary affirmance filed by Appellee USA [8300348-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [8300348-3] [15-40204]

Case: 15-40204

Document: 00513882379

Page: 1

Date Filed: 02/21/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40204
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
February 21, 2017

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
SILVERIO GATICA-CHAVEZ, also known as Siberio Gatica Chavez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:14-CR-842-1
Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Silverio Gatica-Chavez raises
an argument that is foreclosed by United States v. Gonzalez-Longoria, 831 F.3d
670 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 166259). 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. § 2L1.2(b)(1)(C)
(2014), is not unconstitutionally vague on its face in light of Johnson v. United

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40204

Document: 00513882379

Page: 2

Date Filed: 02/21/2017

No. 15-40204
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.

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