USA v. Luis Mendoza-Aceves

Filing

UNPUBLISHED OPINION FILED. [16-40975 Affirmed ] Judge: EGJ , Judge: ECP , Judge: LHS Mandate pull date is 03/14/2017 for Appellant Luis Martin Mendoza-Aceves; granting motion for summary affirmance filed by Appellant Mr. Luis Martin Mendoza-Aceves [8318333-2] [16-40975]

Case: 16-40975

Document: 00513883068

Page: 1

Date Filed: 02/21/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-40975
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
February 21, 2017

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
LUIS MARTIN MENDOZA-ACEVES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:15-CR-852-1
Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Luis Martin Mendoza-Aceves
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40975

Document: 00513883068

Page: 2

Date Filed: 02/21/2017

No. 16-40975
Johnson v. United States, 135 S. Ct. 2551 (2015). Id. at 672. Accordingly, the
motion for summary disposition is GRANTED, and the judgment of the district
court is AFFIRMED.

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