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United States v. Amilcar Linares-Mazariego
677 F. App'x 182
| 5th Cir. | 2017
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Docket

*1 Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.

PER CURIAM: [*]

Appealing the judgment in a criminal case, Amilcar Linares-Mazariego raises an argument that is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 228, 235 (1998), which held that convictions used to enhance a sentence under 8 U.S.C. § 1326(b)(2) need not be set forth in the indictment. He also 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. *2 Case: 15-11187 Document: 00513882288 Page: 2 Date Filed: 02/21/2017

No. 15-11187

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) (2014), is not unconstitutionally vague on its face in light of Johnson v. United States , 135 S. Ct. 2551 (2015). Gonzalez-Longoria , 831 F.3d at 672. Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

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[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Amilcar Linares-Mazariego
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Feb 21, 2017
Citation: 677 F. App'x 182
Docket Number: 15-11187 Conference Calendar
Court Abbreviation: 5th Cir.
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