USA v. Hector Parrales-Guzman


UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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