Case: 15-40740 Document: 00515092397 Page: 1 Date Filed: 08/26/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-40740 FILED
Summary Calendar August 26, 2019
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,,
Plaintiff-Appellant
v.
JAVIER FUENTES-RODRIGUEZ,
Defendant-Appellee
Appeal from the United States District Court
for the Southern District of Texas
Before CLEMENT, ELROD, and OLDHAM, Circuit Judges.
PER CURIAM:
Javier Fuentes-Rodriguez appeals his sentence imposed following his
guilty plea conviction for illegal reentry into the United States following
deportation and having been previously convicted of an aggravated felony. He
argues that his prior conviction under Texas Penal Code § 22.01(a)(1) and (b)(2)
does not qualify as a crime of violence under 18 U.S.C. § 16 and therefore is
not an aggravated felony for purposes of 8 U.S.C. § 1326(b)(2) and U.S.S.G.
§ 2L1.2(b)(1)(C).
Fuentes-Rodriguez’s argument is foreclosed by United States v. Gracia-
Cantu, 920 F.3d 252, 254 (5th Cir. 2019), petition for cert. filed (June 25, 2019)
(18-1593). Gracia-Cantu held that a prior conviction for Assault-Family
Case: 15-40740 Document: 00515092397 Page: 2 Date Filed: 08/26/2019
No. 15-40740
Violence under Texas Penal Code § 22.01(a)(1) and (b)(2) fell within 18 U.S.C.
§ 16(a), thereby qualifying as a crime of violence and an aggravated felony for
purposes of § 1326(b)(2) and § 2L1.2(b)(1)(C). 920 F.3d at 254. Gracia-Cantu
relied on this court’s en banc decision in United States v. Reyes-Contreras, 910
F.3d 169, 183 (5th Cir. 2018 (en banc) (rejecting a “directness of force”
requirement for a crime of violence).
The judgment of the district court is AFFIRMED.
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