Case: 13-41158 Document: 00512750672 Page: 1 Date Filed: 08/29/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-41158 United States Court of Appeals
Conference Calendar Fifth Circuit
FILED
August 29, 2014
UNITED STATES OF AMERICA, Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
AURELIO PEREZ-ALEMAN,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:13-CR-470-1
Before CLEMENT, PRADO, and ELROD, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Aurelio Perez-Aleman raises
an argument that he concedes is foreclosed by United States v. Espinoza, 733
F.3d 568, 571-74 (5th Cir. 2013), cert. denied, 134 S. Ct. 1936 (2014), which
held that the Texas offense of assault constitutes a violent felony under the
Armed Career Criminal Act even when committed recklessly. The unopposed
motion for summary disposition is GRANTED, and the judgment of the district
court is AFFIRMED.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.