USA v. David Ponce-Guzman


UNPUBLISHED OPINION FILED. [16-20543 Affirmed ] Judge: EGJ , Judge: ECP , Judge: LHS Mandate pull date is 03/14/2017 for Appellant David Ponce-Guzman; granting motion for summary affirmance filed by Appellant Mr. David Ponce-Guzman [8356521-2] [16-20543]

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Case: 16-20543 Document: 00513882781 Page: 1 Date Filed: 02/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-20543 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. DAVID PONCE-GUZMAN, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CR-664-1 Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, David Ponce-Guzman 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 TorresJaime, we held that a Georgia conviction for aggravated assault qualifies as a crime of violence under U.S.S.G ยง 2L1.2 (2014). Torres-Jaime, 821 F.3d at 58085. Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. *

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