Case: 17-20268 Document: 00514152271 Page: 1 Date Filed: 09/12/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-20268 FILED
Summary Calendar September 12, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MARTIN BOLANOS-GALVAN, also known as Martine Alvarado, also known
as Martin Galvan Bolanos, also known as Martin Bolanos Galvan,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:16-CR-403-1
Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *
Martin Bolanos-Galvan pleaded guilty to illegal reentry following
deportation and was sentenced to a 36-month term of imprisonment. On
appeal, he renews his challenge to the district court’s application of the
eight-level aggravated felony enhancement of U.S.S.G. § 2L1.2(b)(1)(C). The
gravamen of his argument is that, in light of Johnson v. United States, 135
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-20268 Document: 00514152271 Page: 2 Date Filed: 09/12/2017
No. 17-20268
S. Ct. 2551 (2015), the definition of a crime of violence in 18 U.S.C. § 16(b) is
unconstitutionally vague on its face. Therefore, he contends, his prior Texas
felony conviction of assault on a police officer does not qualify as a crime of
violence under § 16(b) and thus is not an aggravated felony for purposes of
8 U.S.C. § 1101(a)(43)(F) and § 2L1.2(b)(1)(C).
As Bolanos-Galvan concedes, his argument is foreclosed by United States
v. Gonzalez-Longoria, 831 F.3d 670, 672-77 (5th Cir. 2016) (en banc), petition
for cert. filed (Sept. 29, 2016) (No. 16-6259), in which we rejected a
constitutional challenge to § 16(b) as facially vague. Accordingly, Bolanos-
Galvan’s unopposed motion for summary disposition is GRANTED, and the
district court’s judgment is AFFIRMED.
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