History
  • No items yet
midpage
United States v. Manuel Martinez-Rivera
696 F. App'x 169
5th Cir.
2017
Check Treatment
Docket

*1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: [*]

Manuel Ramiro Martinez-Rivera pleaded guilty to illegally reentering the country after he was deported, and he received a 57-month sentence. On appeal, Martinez-Rivera contends that the district court erred by imposing a 16-level enhancement under U.S.S.G. § 2L1.2(a)(1)(A)(ii) (2015) based on a finding that his prior Texas aggravated assault conviction was a crime of *2 Case: 16-41673 Document: 00514127074 Page: 2 Date Filed: 08/22/2017

No. 16-41673

violence. We review this determination de novo. United States v. Alay, 850 F.3d 221, 223 (5th Cir. 2017).

Acknowledging that in United States v. Guillen-Alvarez , 489 F.3d 197, 198 (5th Cir. 2007), this court held that Texas aggravated assault is an enumerated crime of violence for purposes of § 2L1.2(a)(1)(A)(ii) (2015), Martinez-Rivera argues that the court’s conclusion has been called into question by the reasoning of other circuit courts. However, one panel of this court may not overrule the decision of another absent an intervening change in the law, for instance through a superseding decision of the Supreme Court or this court sitting en banc. United States v. Traxler, 764 F.3d 486, 489 (5th Cir. 2014). Moreover, this court has recently reaffirmed the holding in Guillen- Alvarez . United States v. Shepherd , 848 F.3d 425, 428 (5th Cir. 2017).

The district court’s judgment 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. Manuel Martinez-Rivera
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Aug 22, 2017
Citation: 696 F. App'x 169
Docket Number: 16-41673 Summary Calendar
Court Abbreviation: 5th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.