United States v. Javier Fuentes-Rodriguez

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…