USA v. Edwin Garrido

Filing

UNPUBLISHED OPINION FILED. [15-40347 Affirmed ] Judge: JLD , Judge: ECP , Judge: PRO Mandate pull date is 01/10/2017 for Appellant Edwin Garrido; granting motion for summary affirmance filed by Appellee USA [8280708-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [8280708-3] [15-40347]

Case: 15-40347

Document: 00513803993

Page: 1

Date Filed: 12/20/2016

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40347
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
December 20, 2016

UNITED STATES OF AMERICA,

Lyle W. Cayce
Clerk

Plaintiff-Appellee
v.
EDWIN GARRIDO, also known as Edwin Garrido-Arriaga,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:14-CR-500-1
Before DENNIS, PRADO, and OWEN, Circuit Judges.
PER CURIAM: *

Appealing the judgment in a criminal case, Edwin Garrido 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), is not unconstitutionally vague on its face in light of Johnson

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40347

Document: 00513803993

Page: 2

Date Filed: 12/20/2016

No. 15-40347
v. United States, 135 S. Ct. 2551 (2015). Id. 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