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United States v. Silvano Garcia-Ibarra
686 F. App'x 271
| 5th Cir. | 2017
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Case Information

*1 Before STEWART, Chief Judge, and CLEMENT and SOUTHWICK, Circuit Judges.

Case: 15-10670 Document: 00513956934 Page: 2 Date Filed: 04/18/2017

No. 15-10670 c/w

No. 15-10870

PER CURIAM: [*]

Adrian Gomez-Ureaba pleaded guilty to illegal reentry into the United States and received a within-guidelines sentence of 34 months in prison and a one-year term of supervised release. Silvano Garcia-Ibarra likewise pleaded guilty to illegal reentry, and he received a within-guidelines sentence of 18 months in prison and a three-year term of supervised release. Each appellant was sentenced in accordance with a determination that his prior Texas conviction for evading arrest with a motor vehicle amounted to an aggravated felony under U.S.S.G. § 2L1.2(b)(1)(C) (2014), which incorporates the definition of crime of violence found in 18 U.S.C. § 16(b).

First, the appellants argue that, in light of Johnson v. United States , 135 S. Ct. 2551 (2015), § 16(b) is facially unconstitutional. As they concede, this argument is foreclosed. See United States v. Gonzalez-Longoria , 831 F.3d 670, 677 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 16- 6259). Their argument that § 16(b) is unconstitutional as applied to them likewise fails, as the standard of § 16(b) can be straightforwardly applied to their prior convictions. See Gonzalez-Longoria , 831 F.3d at 677-78; see also United States v. Sanchez-Ledezma , 630 F.3d 447, 450-51 (5th Cir. 2011).

Finally, their argument that Johnson casts doubt upon Sanchez- Ledezma is unpersuasive. Because the former case is not squarely on point with the latter, we will not revisit the latter. See United States v. Traxler , 764 F.3d 486, 489 (5th Cir. 2014); United States v. Alcantar , 733 F.3d 143, 145-46 (5th Cir. 2013).

AFFIRMED.

[*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 2

Case Details

Case Name: United States v. Silvano Garcia-Ibarra
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Apr 18, 2017
Citation: 686 F. App'x 271
Docket Number: 15-10670 Cons. w/ 15-10870 Summary Calendar
Court Abbreviation: 5th Cir.
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