UNITED STATES v. GUARDIOLA (2018)

Michael Guardiola, federal prisoner # 50187-179, appeals the district court’s denial of his 28 U.S.C. § 2255 motion. In that motion, he sought resentencing, arguing that his predicate convictions no longer qualify as violent felonies under the Armed Career Criminal Act (ACCA) in light of Johnson v. United States, ––– U.S. ––––, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), which Welch v. United States, ––– U.S. ––––, 136 S.Ct. 1257, 194 L.Ed.2d 387 (2016) makes retroactive. Our review is de novo. See United States v. Taylor, 873 F.3d 476, 479 (5th Cir. 2017).

Guardiola contends that his prior Texas convictions for aggravated robbery are not violent felonies under the ACCA. See 18 U.S.C. § 924(e)(1), (2)(B). But we recently rejected a similar challenge, holding that convictions under Texas Penal Code § 29.03(a)(2) qualified as violent felony convictions under the ACCA’s force clause. See United States v. Lerma, 877 F.3d 628, 636 (5th Cir. 2017), cert. denied, ––– U.S. ––––, 138 S.Ct. 2585, 201 L.Ed.2d 302 (2018).

AFFIRMED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.