Case: 10-51043 Document: 00511640006 Page: 1 Date Filed: 10/21/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 21, 2011
No. 10-51043
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
THOMAS MADISON TUBBS,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:10-CR-137-1
Before BENAVIDES, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Thomas Madison Tubbs
presents arguments that he concedes are foreclosed by United States v.
Harrimon, 568 F.3d 531 (5th Cir. 2009), which held that the Texas state offense
of evading arrest or detention by use of a vehicle is a violent felony under the
Armed Career Criminal Act (ACCA). Recently, the Supreme Court validated our
decision in Harrimon by holding that a conviction under Indiana’s felony vehicle
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-51043 Document: 00511640006 Page: 2 Date Filed: 10/21/2011
No. 10-51043
flight law constituted a violent felony under the ACCA. See Sykes v. United
States, 131 S. Ct. 2267, 2277 (2011).
Accordingly, the Government’s motion for summary affirmance is
GRANTED and the judgment of the district court is AFFIRMED.
2