USA v. Hector Morales-Cardena

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UNPUBLISHED OPINION FILED. [16-41206 Affirmed ] Judge: EGJ , Judge: ECP , Judge: LHS Mandate pull date is 03/14/2017 for Appellant Hector Ruben Morales-Cardenas; granting motion for summary affirmance filed by Appellant Mr. Hector Ruben Morales-Cardenas [8326925-2] [16-41206]

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Case: 16-41206 Document: 00513883151 Page: 1 Date Filed: 02/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41206 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. HECTOR RUBEN MORALES-CARDENAS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:15-CR-1113-1 Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Hector Ruben MoralesCardenas raises an argument that is foreclosed by United States v. GonzalezLongoria, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41206 Document: 00513883151 Page: 2 Date Filed: 02/21/2017 No. 16-41206 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. 2

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