Opinion
No. 15-40740
08-26-2019
UNITED STATES of America,, Plaintiff-Appellant v. Javier FUENTES-RODRIGUEZ, Defendant-Appellee
Anna Elizabeth Kalluri, Assistant U.S. Attorney, Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee. Marjorie A. Meyers, Federal Public Defender, Michael Lance Herman, Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.
Anna Elizabeth Kalluri, Assistant U.S. Attorney, Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
Marjorie A. Meyers, Federal Public Defender, Michael Lance Herman, Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.
Before CLEMENT, ELROD, and OLDHAM, Circuit Judges.
PER CURIAM:
Javier Fuentes-Rodriguez appeals his sentence imposed following his guilty plea conviction for illegal reentry into the United States following deportation and having been previously convicted of an aggravated felony. He argues that his prior conviction under Texas Penal Code § 22.01(a)(1) and (b)(2) does not qualify as a crime of violence under 18 U.S.C. § 16 and therefore is not an aggravated felony for purposes of 8 U.S.C. § 1326(b)(2) and U.S.S.G. § 2L1.2(b)(1)(C).
Fuentes-Rodriguez’s argument is foreclosed by United States v. Gracia-Cantu , 920 F.3d 252, 254 (5th Cir. 2019), petition for cert. filed (June 25, 2019) (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) and § 2L1.2(b)(1)(C). 920 F.3d at 254. Gracia-Cantu relied on this court’s en banc decision in United States v. Reyes-Contreras , 910 F.3d 169, 183 (5th Cir. 2018) (en banc) (rejecting a "directness of force" requirement for a crime of violence).
The judgment of the district court is AFFIRMED.