UNITED STATES v. SEGURA ROMERO (2019)

Oscar Segura-Romero appeals his conviction for illegal reentry following deportation after having been previously convicted of an aggravated felony. He argues that his conviction under Texas Penal Code §§ 22.01(a)(1) and (b)(2) did not constitute an aggravated felony for purposes of 8 U.S.C. § 1326(b)(2). The Government has moved, unopposed, for summary affirmance and, in the alternative, for an extension of time in which to file a brief.

Segura-Romero’s argument is foreclosed by United States v. Gracia-Cantu, 920 F.3d 252, 254 (5th Cir. 2019), petition for cert. filed (U.S. June 25, 2019) (No. 18-1593). Gracia-Cantu held that a prior conviction for Assault-Family Violence under Texas Penal Code §§ 22.01(a)(1) and (b)(2) fell within 18 U.S.C. § 16(a), thereby qualifying as a crime of violence and an aggravated felony for purposes of § 1326(b)(2). 920 F.3d at 254. Summary affirmance is therefore appropriate.

Accordingly, the Government’s unopposed motion for summary affirmance is GRANTED, the alternative motion for an extension of time is DENIED AS MOOT, and the judgment of the district court is 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PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.