USA v. Jose Vega-Zapata

Filing

UNPUBLISHED OPINION FILED. [16-41219 Affirmed ] Judge: CDK , Judge: JEG , Judge: GJC Mandate pull date is 03/23/2017 for Appellant Jose Guadalupe Vega-Zapata; granting motion for summary affirmance filed by Appellant Mr. Jose Guadalupe Vega-Zapata [8380254-2] [16-41219]

Case: 16-41219

Document: 00513894497

Page: 1

Date Filed: 03/02/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 16-41219
Summary Calendar

FILED
March 2, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.

JOSE GUADALUPE VEGA-ZAPATA, also known as Ricardo Gonzalez, also
known as Victor Guadalupe Medina,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:15-CR-580-1
Before KING, GRAVES, and COSTA, Circuit Judges.
PER CURIAM: *
Jose Guadalupe Vega-Zapata pleaded guilty to illegal reentry and was
sentenced to a 36-month term of imprisonment.

On appeal, Vega-Zapata

renews his challenge to application of the eight-level aggravated felony
enhancement of U.S.S.G. § 2L1.2(b)(1)(C). The gravamen of his argument is
that, in light of Johnson v. United States, 135 S. Ct. 2551 (2015), the definition

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41219

Document: 00513894497

Page: 2

Date Filed: 03/02/2017

No. 16-41219
of a crime of violence (COV) in 18 U.S.C, § 16(b) is unconstitutionally vague on
its face. Therefore, he contends, neither his prior Texas conviction for evading
arrest with a motor vehicle nor his prior Texas conviction for assault of a public
servant is a COV under § 16(b), and thus neither prior conviction is an
aggravated

felony

for

purposes

of

8

U.S.C.

§

1101(a)(43)(F)

and

§ 2L1.2(b)(1)(C).
As Vega-Zapata concedes, his argument is foreclosed by our decision in
United States v. Gonzalez-Longoria, 831 F.3d 670, 672-77 (5th Cir. 2016) (en
banc), petition for cert. filed (Sept. 29, 2016) (No. 16-6259), in which we rejected
a constitutional challenge to § 16(b) as facially vague. Accordingly, VegaZapata’s motion for summary disposition is GRANTED, and the district court’s
judgment is AFFIRMED.

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