Case: 16-40663 Document: 00514016100 Page: 1 Date Filed: 06/01/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-40663 FILED
Summary Calendar June 1, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JORGE BACIO-GONZALES, also known as Jorge Bacio-Gonzalez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:15-CR-894-1
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Jorge Bacio-Gonzales appeals the sentence imposed following his guilty
plea conviction for reentry of a deported alien. He contends that the district
court erred in increasing his offense level pursuant to U.S.S.G.
§ 2L1.2(b)(1)(A)(ii) (2015) based on his prior Texas felony convictions for
burglary of a habitation under Texas Penal Code § 30.02(a). Bacio-Gonzales
argues, under Mathis v. United States, 136 S. Ct. 2243 (2016), that the Texas
*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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40663 Document: 00514016100 Page: 2 Date Filed: 06/01/2017
No. 16-40663
burglary statute is not divisible and that not every violation of § 30.02(a)
qualifies as a crime of violence under § 2L1.2(b)(1)(A)(ii) (2015).
The Government has filed an opposed motion for summary affirmance
asserting that Bacio-Gonzales’s arguments are foreclosed by our recent
decision in United States v. Uribe, 838 F.3d 667 (5th Cir. 2016), cert. denied,
2017 WL 661924 (Mar. 20, 2017) (No. 16-7969). In the alternative, the
Government requests an extension of time in which to file a brief on the merits.
The Government is correct that Uribe forecloses Bacio-Gonzales’s Mathis
argument. See Uribe, 838 F.3d at 669-71. 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.
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