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United States v. Jose Valle-Ramirez
677 F. App'x 187
5th Cir.
2017
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Case Information

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

PER CURIAM: [*]

Appealing the judgment in a criminal case, Jose Luis Valle-Ramirez raises an argument that is foreclosed by United States v. Torres-Jaime , 821 F.3d 577 (5th Cir. 2016), petition for cert. filed (Sept. 1, 2016) (No. 16-5853). In Torres-Jaime , we held that a Georgia conviction for aggravated assault qualifies as a crime of violence under U.S.S.G. § 2L1.2 (2014). Torres-Jaime , 821 F.3d at 580-85. He also raises an argument that is foreclosed by United *2 Case: 15-41719 Document: 00513882461 Page: 2 Date Filed: 02/21/2017

No. 15-41719

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 § 2L1.2(b)(1)(C), 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 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.

Nevertheless, the written judgment contains a clerical error in that it identifies Valle-Ramirez’s statute of conviction as 8 U.S.C. § 1324, rather than § 1326. We therefore REMAND for correction of the written judgment in accordance with Federal Rule of Criminal Procedure 36. See United States v. Johnson , 588 F.2d 961, 964 (5th Cir. 1979).

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. Jose Valle-Ramirez
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Feb 21, 2017
Citation: 677 F. App'x 187
Docket Number: 15-41719 Conference Calendar
Court Abbreviation: 5th Cir.
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