USA v. Manuel Martinez-Rivera

Filing

UNPUBLISHED OPINION FILED. [16-41673 Affirmed ] Judge: PEH , Judge: EHJ , Judge: JES Mandate pull date is 09/12/2017 for Appellant Manuel Ramiro Martinez-Rivera [16-41673]

Case: 16-41673

Document: 00514127074

Page: 1

Date Filed: 08/22/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-41673
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
August 22, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MANUEL RAMIRO MARTINEZ-RIVERA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:16-CR-488-1

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *
Manuel Ramiro Martinez-Rivera pleaded guilty to illegally reentering
the country after he was deported, and he received a 57-month sentence. On
appeal, Martinez-Rivera contends that the district court erred by imposing a
16-level enhancement under U.S.S.G. § 2L1.2(a)(1)(A)(ii) (2015) based on a
finding that his prior Texas aggravated assault conviction was a crime 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41673

Document: 00514127074

Page: 2

Date Filed: 08/22/2017

No. 16-41673
violence. We review this determination de novo. United States v. Alay, 850
F.3d 221, 223 (5th Cir. 2017).
Acknowledging that in United States v. Guillen-Alvarez, 489 F.3d 197,
198 (5th Cir. 2007), this court held that Texas aggravated assault is an
enumerated crime of violence for purposes of § 2L1.2(a)(1)(A)(ii) (2015),
Martinez-Rivera argues that the court’s conclusion has been called into
question by the reasoning of other circuit courts. However, one panel of this
court may not overrule the decision of another absent an intervening change
in the law, for instance through a superseding decision of the Supreme Court
or this court sitting en banc. United States v. Traxler, 764 F.3d 486, 489 (5th
Cir. 2014). Moreover, this court has recently reaffirmed the holding in GuillenAlvarez. United States v. Shepherd, 848 F.3d 425, 428 (5th Cir. 2017).
The district court’s judgment is AFFIRMED.

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