USA v. Martin Bolanos-Galvan
UNPUBLISHED OPINION FILED. [17-20268 Affirmed ] Judge: PEH , Judge: EHJ , Judge: JES Mandate pull date is 10/03/2017 for Appellant Martin Bolanos-Galvan; granting motion for summary affirmance filed by Appellant Mr. Martin Bolanos-Galvan [8511580-2] [17-20268]
Date Filed: 09/12/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
September 12, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA,
MARTIN BOLANOS-GALVAN, also known as Martine Alvarado, also known
as Martin Galvan Bolanos, also known as Martin Bolanos Galvan,
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:16-CR-403-1
Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *
Martin Bolanos-Galvan pleaded guilty to illegal reentry following
deportation and was sentenced to a 36-month term of imprisonment. On
appeal, he renews his challenge to the district court’s 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
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 09/12/2017
S. Ct. 2551 (2015), the definition of a crime of violence in 18 U.S.C. § 16(b) is
unconstitutionally vague on its face. Therefore, he contends, his prior Texas
felony conviction of assault on a police officer does not qualify as a crime of
violence under § 16(b) and thus is not an aggravated felony for purposes of
8 U.S.C. § 1101(a)(43)(F) and § 2L1.2(b)(1)(C).
As Bolanos-Galvan concedes, his argument is foreclosed by 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, BolanosGalvan’s unopposed motion for summary disposition is GRANTED, and the
district court’s judgment is AFFIRMED.
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