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United States v. Tito Olvera-Castro
14-41222
| 5th Cir. | Dec 20, 2016
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Docket

*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 *2 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

[*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. Tito Olvera-Castro
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Dec 20, 2016
Docket Number: 14-41222
Court Abbreviation: 5th Cir.
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