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United States v. Oscar Mata-Alvarez
700 F. App'x 346
| 5th Cir. | 2017
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Docket

*1 Before JONES, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM: ∗

We reconsider this case on remand from the Supreme Court in light of Esquivel-Quintana v. Sessions , 137 S. Ct. 1562 (2017). Defendant Oscar Mata- Alvarez did not object to his enhanced sentence below, so we review only for plain error . See United States v. Wikkerink , 841 F.3d 327, 331 (5th Cir. 2016). ∗ 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.

No. 15-41504

Under this court’s precedent, indecency with a child involving sexual contact “is a crime of violence because it entails a substantial risk that physical force may be used against the victim.” United States v. Velazquez-Overa , 100 F.3d 418, 419 (5th Cir. 1996). Given the gravity of Mata-Alvarez’s offense—his victim was seven-years old—the sentence of 48 months does not seriously “affect[] the fairness, integrity or public reputation of judicial proceedings.” See United States v. Peltier , 505 F.3d 389, 392 (5th Cir. 2007) (quoting United States v. Olano , 507 U.S. 725, 732 (1993)). Accordingly, we hold that the district court did not plainly err.

IT IS ORDERED that the appellant’s opposed motion to summarily vacate the district court judgment of sentence is DENIED.

IT IS FURTHER ORDERED that the appellant’s opposed motion to remand the case to the district court for resentencing in light of Esquivel- Quintana v. Sessions, 137 S. Ct. 1562 (2017) is DENIED.

IT IS FURTHER ORDERED that the appellant’s opposed motion to issue the mandate forthwith is DENIED.

2

Case Details

Case Name: United States v. Oscar Mata-Alvarez
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Oct 19, 2017
Citation: 700 F. App'x 346
Docket Number: 15-41504 Conference Calendar
Court Abbreviation: 5th Cir.
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