United States v. Jesus Maldonado-Landaverde

Case: 15-10626 Document: 00513882259 Page: 1 Date Filed: 02/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10626 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2017 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. JESUS MALDONADO-LANDAVERDE, also known as Jesus Maldonado, also known as Jesus Maldonado-Andaverde, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:15-CR-14-1 Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Jesus Maldonado- Landaverde raises an argument that is foreclosed by United States v. Gonzalez- Longoria, 831 F.3d 670 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 16-6259). In Gonzalez-Longoria, we held that 18 U.S.C. § 16(b), which defines a crime of violence when incorporated by reference into U.S.S.G. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-10626 Document: 00513882259 Page: 2 Date Filed: 02/21/2017 No. 15-10626 § 2L1.2(b)(1)(C) (2014), is not unconstitutionally vague on its face in light of Johnson v. United States, 135 S. Ct. 2551 (2015). Gonzalez-Longoria, 831 F.3d at 672. Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2