United States v. Albin Torres

LESLIE H. SOUTHWICK:

In 2017, we summarily affirmed the defendant's sentence for his conviction of an illegal reentry subsequent to a deportation. We relied on Fifth Circuit precedent that his prior Texas aggravated assault conviction was a crime of violence under 18 U.S.C. § 16 (b), which permitted a higher maximum sentence for his illegal reentry. The Supreme Court granted the defendant's petition for writ of certiorari, vacated *422 our decision, and remanded for us to consider the effect of that Court's decision that Section 16(b) was unconstitutionally vague. Consideration given, we conclude…