Case: 17-20561 Document: 00516249506 Page: 1 Date Filed: 03/22/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 22, 2022
No. 17-20561 Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Oscar Segura-Romero, also known as Oscar Romero
Sequra, also known as Oscar Segura, also known as
Oscar R. Segura Romero, also known as Oscar R.
Segura, also known as Romero Segura, also known as
Oscar Romero, also known as Oscar Segura Romero,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:17-CR-00112-1
ON REMAND FROM
THE SUPREME COURT OF THE UNITED STATES
Before Higginbotham, Ho, and Engelhardt, Circuit Judges.
Per Curiam:*
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 17-20561 Document: 00516249506 Page: 2 Date Filed: 03/22/2022
No. 17-20561
Oscar Segura-Romero pleaded guilty to illegally reentering the United
States after having been previously convicted of an aggravated felony in
violation of 8 U.S.C. § 1326(b)(2). He was sentenced to 20 months in prison.
On appeal, he argued that his underlying felony conviction for family-
violence assault under Texas Pen. Code §§ 22.01(a)(1) and (b)(2) did not
constitute an aggravated felony under § 1326(b)(2).1 We affirmed,
concluding that argument was foreclosed by our precedent. 2 Segura-Romero
petitioned the United States Supreme Court for a writ of certiorari.
While his petition was pending, the Supreme Court decided in Borden
v. United States that a crime capable of commission with “a less culpable
mental state than purpose or knowledge,” such as “recklessness,” cannot
qualify as a “violent felony” under 18 U.S.C. § 924(e)(2)(B)(i) of the Armed
Career Criminal Act (ACCA).3 After Borden, the Court granted Segura-
Romero’s petition, vacated our judgment, and remanded for “further
consideration in light of Borden.”4
As in United States v. Fuentes-Rodriguez, Segura-Romero’s
“underlying Texas conviction qualifies as an aggravated felony only through
18 U.S.C. § 16(a), which defines a ‘crime of violence’ almost identically to
the ACCA’s ‘violent felony’ provision at issue in Borden.”5
1
See TEX. PENAL CODE §§ 22.01(a)(1), 22.01(b)(2).
2
United States v. Segura-Romero, 776 F. App’x 851 (5th Cir. 2019) (per curiam)
(citing United States v. Gracia-Cantu, 920 F.3d 252, 254 (5th Cir. 2019)), cert. granted,
judgment vacated sub nom. Segovia-Lopez v. United States, 141 S. Ct. 2781 (2021).
3
––– U.S. ––––, 141 S. Ct. 1817, 1821-22, 210 L.Ed.2d 63 (2021) (plurality opinion).
4
Segovia-Lopez v. United States, ––– U.S. ––––, 141 S. Ct. 2781, 2781, ––– L.Ed.2d
–––– (2021).
5
United States v. Fuentes-Rodriguez, 22 F.4th 504, 505 (5th Cir. 2022).
2
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No. 17-20561
We REMAND to the district court for consideration consistent with
Borden v. United States.
3