USA v. Hector Parrales-Guzman

Filing

UNPUBLISHED OPINION FILED. [16-20700 Affirmed] Judge: CDK, Judge: JWE, Judge: SAH. Mandate issue date is 11/30/2017 for Appellant Hector Parrales-Guzman; granting motion for summary affirmance filed by Appellee USA [8550657-2]; denying as unnecessary motion to extend time to file appellee's brief filed by Appellee USA [8550657-3] [16-20700]

Case: 16-20700

Document: 00514230393

Page: 1

Date Filed: 11/08/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-20700
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
November 8, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.

HECTOR PARRALES-GUZMAN, also known as Hector Guzman Parrales,
also known as Hector Guzman Perales, also known as Hector Parrales
Guzman, also known as Hector Perales-Guzman, also known as Hector
Parrales,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CR-235-1
Before KING, ELROD, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Hector Parrales-Guzman appeals his conviction of illegal reentry under
8 U.S.C. § 1326(a) and (b)(1). He contends that his prior removal ultimately
rested on the application of the crime of violence definition in 8 U.S.C. § 16(b),
which he argues is unconstitutionally vague. He correctly acknowledges that

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-20700

Document: 00514230393

Page: 2

Date Filed: 11/08/2017

No. 16-20700
his argument is foreclosed by circuit precedent. United States v. GonzalezLongoria, 831 F.3d 670, 672 (5th Cir. 2016) (en banc), petition for cert. filed
(Sept. 29, 2016) (No. 16-6259). Accordingly, we GRANT the Government’s
motion for summary affirmance, and we AFFIRM the judgment of the district
court. The Government’s alternative motion for an extension of time to file a
brief is DENIED as unnecessary.

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