USA v. Lino Carrillo-Hernandez, No. 15-20731 (5th Cir. 2016)

Annotate this Case

The court issued a subsequent related opinion or order on September 7, 2018.

Download PDF
Case: 15-20731 Document: 00513803979 Page: 1 Date Filed: 12/20/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-20731 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 20, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. LINO ISAAC CARRILLO-HERNANDEZ, also known as Lino CarrilloHernandez, also known as Lino Carillo-Hernandez, also known as Lino Isaac Carrillo, also known as Lino Isaac Hernandez Carrillo, also known as Lino Carrillo Hernandez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CR-476-1 Before DENNIS, PRADO, and OWEN, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Lino Isaac CarrilloHernandez raises an argument that is foreclosed by United States v. GonzalezLongoria, 831 F.3d 670 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 16-6259). In Gonzalez-Longoria, we held that 18 U.S.C. § 16(b), 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-20731 Document: 00513803979 Page: 2 Date Filed: 12/20/2016 No. 15-20731 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 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