USA v. Jose Valle-Ramirez


UNPUBLISHED OPINION FILED. [15-41719 Affirmed and Remanded] Judge: EGJ , Judge: ECP , Judge: LHS Mandate pull date is 03/14/2017 for Appellant Jose Luis Valle-Ramirez; granting motion for summary affirmance filed by Appellee USA [8329748-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [8329748-4]; granting motion to remand case for correction of the written judgment filed by Appellee USA [8329748-3] [15-41719]

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Case: 15-41719 Document: 00513882461 Page: 1 Date Filed: 02/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-41719 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JOSE LUIS VALLE-RAMIREZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:15-CR-586-1 Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Jose Luis Valle-Ramirez raises an argument that is foreclosed by United States v. Torres-Jaime, 821 F.3d 577 (5th Cir. 2016), petition for cert. filed (Sept. 1, 2016) (No. 16-5853). In Torres-Jaime, we held that a Georgia conviction for aggravated assault qualifies as a crime of violence under U.S.S.G. § 2L1.2 (2014). Torres-Jaime, 821 F.3d at 580-85. He also raises an argument that is foreclosed by 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-41719 Document: 00513882461 Page: 2 Date Filed: 02/21/2017 No. 15-41719 States v. Gonzalez-Longoria, 831 F.3d 670 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 16-6259). In Gonzalez-Longoria, we held that 18 U.S.C. § 16(b), which defines a crime of violence when incorporated by reference into § 2L1.2(b)(1)(C), is not unconstitutionally vague on its face in light of Johnson v. United 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. Nevertheless, the written judgment contains a clerical error in that it identifies Valle-Ramirez’s statute of conviction as 8 U.S.C. § 1324, rather than § 1326. We therefore REMAND for correction of the written judgment in accordance with Federal Rule of Criminal Procedure 36. See United States v. Johnson, 588 F.2d 961, 964 (5th Cir. 1979). 2

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