UNITED STATES OF AMERICA v. JOSE GUADALUPE VEGA ZAPATA (2017)

Jose Guadalupe Vega-Zapata pleaded guilty to illegal reentry and was sentenced to a 36-month term of imprisonment. On appeal, Vega-Zapata renews his challenge to application of the eight-level aggravated felony enhancement of U.S.S.G. § 2L1.2(b)(1)(C). The gravamen of his argument is that, in light of Johnson v. United States, 135 S. Ct. 2551 (2015), the definition of a crime of violence (COV) in 18 U.S.C, § 16(b) is unconstitutionally vague on its face. Therefore, he contends, neither his prior Texas conviction for evading arrest with a motor vehicle nor his prior Texas conviction for assault of a public servant is a COV under § 16(b), and thus neither prior conviction is an aggravated felony for purposes of 8 U.S.C. § 1101(a)(43)(F) and § 2L1.2(b)(1)(C).

As Vega-Zapata concedes, his argument is foreclosed by our decision in United States v. Gonzalez-Longoria, 831 F.3d 670, 672-77 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 16-6259), in which we rejected a constitutional challenge to § 16(b) as facially vague. Accordingly, Vega-Zapata's motion for summary disposition is GRANTED, and the district court's judgment is AFFIRMED.

PER CURIAM:*