Case: 15-20487 Document: 00513802273 Page: 1 Date Filed: 12/19/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-20487 FILED
Summary Calendar December 19, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ARTURO MONTES BENAVIDES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CR-173-1
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Arturo Montes Benavides
raises arguments that are foreclosed by United States v. Gonzalez-Longoria,
831 F.3d 670 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 30, 2016)
(No. 16-6259). In Gonzalez-Longoria, 831 F.3d at 672, 677-78, we held that
18 U.S.C. § 16(b) is not unconstitutionally vague on its face in light of
Johnson v. United States, 135 S. Ct. 2551 (2015), and can be applied without
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-20487 Document: 00513802273 Page: 2 Date Filed: 12/19/2016
No. 15-20487
violating due process. 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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