Case: 14-41222 Document: 00513803969 Page: 1 Date Filed: 12/20/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-41222
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 20, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
TITO OLVERA-CASTRO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:14-CR-414-1
Before DENNIS, PRADO, and OWEN, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Tito Olvera-Castro raises an
argument that is foreclosed by United States v. Gonzalez-Longoria, 831 F.3d
670 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 16-
6259). In Gonzalez-Longoria, we held that 18 U.S.C. § 16(b), which defines a
crime of violence when incorporated by reference into U.S.S.G.
§ 2L1.2(b)(1)(C), is not unconstitutionally vague on its face in light of Johnson
*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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-41222 Document: 00513803969 Page: 2 Date Filed: 12/20/2016
No. 14-41222
v. United States, 135 S. Ct. 2551 (2015). Id. at 672. 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.
2
United States v. Tito Olvera-Castro
Combined Opinion