UNITED STATES v. ROCHA FLORES (2019)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff - Appellee v. Luis Javier ROCHA FLORES, Defendant - Appellant

No. 17-20666

Decided: April 30, 2019

Before HAYNES, GRAVES, and HO, Circuit Judges. John Richard Berry, Carmen Castillo Mitchell, Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee. Marjorie A. Meyers, Federal Public Defender, Evan Gray Howze, Scott Andrew Martin, Assistant Federal Public Defenders, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Luis Javier Rocha Flores contends that Texas assault of a public servant is not an “aggravated felony” under 8 U.S.C. § 1326(b)(2), because it is not a “crime of violence.” See 8 U.S.C. § 1326(a), (b)(2) (requiring commission of an “aggravated felony,” defined in part as a “crime of violence”); Tex. Pen. Code § 22.01(a)(1), (b)(1) (providing the elements of Texas assault of a public servant).

But, in United States v. Gracia-Cantu, we held that Texas “Assault—Family Violence” is a “crime of violence.” See 920 F.3d 252, 253–54 (5th Cir. 2019) (per curiam) (citing United States v. Reyes-Contreras, 910 F.3d 169 (5th Cir. 2018) (en banc) ). Because Texas assault of a public servant has substantively identical elements, we conclude that it is also a “crime of violence.” It is therefore an “aggravated felony” under 8 U.S.C. § 1326(b)(2). Accordingly, we affirm.

PER CURIAM: