USA v. Manuel Martinez-Rivera


UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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