U.S. v. Flores, 921 F.3d 1133 (2019)

April 30, 2019 · United States Court of Appeals for the Fifth Circuit · No. 17-20666

921 F.3d 1133

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

No. 17-20666

United States Court of Appeals, Fifth Circuit.

FILED April 30, 2019

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.

Before HAYNES, GRAVES, and HO, Circuit Judges.

PER CURIAM:

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.