USA v. Evaristo Reyes-Diaz, No. 14-41181 (5th Cir. 2016)

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Case: 14-41181 Document: 00513803953 Page: 1 Date Filed: 12/20/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-41181 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 20, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. EVARISTO REYES-DIAZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:14-CR-416-1 Before DENNIS, PRADO, and OWEN, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Evaristo Reyes-Diaz raises an argument that is foreclosed by United States v. Gonzalez-Longoria, 831 F.3d 670 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 166259). In Gonzalez-Longoria, we held that 18 U.S.C. § 16(b), which defines a crime of violence when incorporated by reference into U.S.S.G. § 2L1.2(b)(1)(C), is not unconstitutionally vague on its face in light of Johnson 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 14-41181 Document: 00513803953 Page: 2 Date Filed: 12/20/2016 No. 14-41181 v. United States, 135 S. Ct. 2551 (2015). Id. at 672. Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2