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UNPUBLISHED OPINION FILED.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]

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Case: 17-20268 Document: 00514152271 Page: 1 Date Filed: 09/12/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-20268 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 12, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARTIN BOLANOS-GALVAN, also known as Martine Alvarado, also known as Martin Galvan Bolanos, also known as Martin Bolanos Galvan, Defendant-Appellant 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 17-20268 Document: 00514152271 Page: 2 Date Filed: 09/12/2017 No. 17-20268 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. 2

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