USA v. Adalberto Aguirre-Arellano

Filing

UNPUBLISHED OPINION FILED. [16-40667 Affirmed ] Judge: EGJ , Judge: ECP , Judge: LHS Mandate pull date is 03/14/2017 for Appellant Adalberto Aguirre-Arellano; granting motion for summary affirmance filed by Appellant Mr. Adalberto Aguirre-Arellano [8311213-2] [16-40667]

Case: 16-40667

Document: 00513882849

Page: 1

Date Filed: 02/21/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-40667
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
February 21, 2017

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
ADALBERTO AGUIRRE-ARELLANO, also known as Adalberto Aguirre,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:15-CR-1407-1
Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Adalberto Aguirre-Arellano
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. 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 U.S.S.G.
§ 2L1.2(b)(1)(C) (2014), is not unconstitutionally vague on its face in light of

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40667

Document: 00513882849

Page: 2

Date Filed: 02/21/2017

No. 16-40667
Johnson v. United States, 135 S. Ct. 2551 (2015). Gonzalez-Longoria, 831 F.3d
at 672. Accordingly, the motion for summary disposition is GRANTED, and
the judgment of the district court is AFFIRMED.

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