UNITED STATES OF AMERICA v. JUAN MORALES LEON (2016)

Juan Morales-Leon appeals the sentence imposed following his guilty plea conviction for illegal reentry following deportation in violation of 8 U.S.C. § 1326. He contends that the district court committed reversible plain error by classifying his 1997 Illinois conviction for aggravated criminal sexual abuse as a crime of violence under 18 U.S.C. § 16(b) and, thus, an aggravated felony for purposes of § 1326(b)(2). Morales-Leon argues that his prior conviction does not qualify as an aggravated felony pursuant to 8 U.S.C. § 1101(a)(43)(F) because, under the reasoning in Johnson v. United States, 135 S. Ct. 2551 (2015), the crime of violence definition in § 16(b) is unconstitutionally vague.

The Government has filed an unopposed motion for summary affirmance asserting that Morales-Leon's arguments are foreclosed by our recent decision in 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 the alternative, the Government requests an extension of time in which to file a brief on the merits.

The Government is correct that Gonzalez-Longoria forecloses Morales-Leon's facial vagueness challenge to § 16(b), as well as his challenge to our application of § 16(b) on due process grounds. See id. at 677. Accordingly, the Government's 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.

PER CURIAM:*