United States v. Edwards

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-20550 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SAMORA AHMED-HAFAN EDWARDS, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-95-CR-235-3 - - - - - - - - - - February 24, 1997 Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges. PER CURIAM:* Samora Ahmed-Hafan Edwards appeals his convictions for aiding and abetting a bank robbery and aiding and abetting the use of a firearm during a crime of violence. He contends that the district court erred when it found that a bank employee, Elva Vasquez, suffered a “serious bodily injury” and that the guidelines provision defining “serious bodily injury” is unconstitutionally vague. The district court did not clearly err in finding that Vasquez, who could not open her mouth or eat * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-20550 - 2 - normally for ninety days, suffered a serious bodily injury. United States v. Davis, 19 F.3d 166, 171 (5th Cir. 1994); United States v. Page, 84 F.3d 38, 43 (1st Cir. 1996). As applied to Edwards, the guidelines are not unconstitutionally vague because Vasquez suffered an impairment as a result of her injuries; Edwards has not shown error, plain or otherwise. United States v. Knowles, 29 F.3d 947, 950 (5th Cir. 1994). AFFIRMED.