IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-40618

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

HECTOR EDUARDO VASQUEZ-SEGOVIANO,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:15-CR-992-1

Before JONES, WIENER, and CLEMENT, Circuit Judges.

PER CURIAM:*

Defendant-Appellant Hector Eduardo Vasquez-Segoviano appeals the 

77-month sentence he received after he pleaded guilty to illegal reentry. He 

complains that the district court plainly erred when it deemed his prior Texas 

conviction for aggravated assault with a deadly weapon, in violation of Texas 

Penal Code § 22.02(a)(2), a crime of violence and applied U.S.S.G. § 2L1.2 

(2015) to increase his offense level. He contends that for the Texas offense of 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

July 5, 2017

Lyle W. Cayce

Clerk

 Case: 16-40618 Document: 00514059962 Page: 1 Date Filed: 07/05/2017
No. 16-40618

2

aggravated assault to qualify as a crime of violence under § 2L1.2, that offense 

must match the generic definition, without reference to judicial records. 

Vasquez-Segoviano cites to the definition of a crime of violence at 18 U.S.C. 

§ 16(b), which, he contends, includes physical force as an element, and that 

physical force implies the active employment of force. Citing Johnson v. United 

States, 135 S. Ct. 2551 (2015), he argues that the crime of violence definition 

in § 16(b) is unconstitutional and precludes the 16-level increase in his case. 

Vasquez-Segoviano did not object to the sentence enhancement in the 

district court, so our review is for plain error. See United States v. CastanedaLozoya, 812 F.3d 457, 459 (5th Cir. 2016). In United States v. Guillen-Alvarez, 

489 F.3d 197, 199-201 (5th Cir. 2007), we held that a conviction for aggravated 

assault in violation of Texas Penal Code § 22.02 qualifies as the enumerated 

offense of aggravated assault and thus is a crime of violence for purposes of 

§ 2L1.2(b)(1)(A)(ii). Guillen-Alvarez remains valid after Mathis v. United 

States, 136 S. Ct. 2243 (2016). United States v. Shepherd, 848 F.3d 425, 427-

28 (5th Cir. 2017); United States v. Villasenor-Ortiz, ___ F. App’x ___, No. 16-

10366, 2017 WL 113917 (5th Cir. Jan. 11, 2017), petition for cert. filed (May 31, 

2017) (No. 16-9422). We are bound by our own precedent unless it should be 

altered by the Supreme Court. Wicker v. McCotter, 798 F.2d 155, 157-58 (5th 

Cir. 1986). 

Vasquez-Segoviano’s reliance on Johnson is also unavailing as Johnson

did not involve crime-of-violence enhancements under § 2L1.2. See United 

States v. Perez-Belmares, 670 F. App’x 330, 331 & n.3 (5th Cir. 2016); see also

United States v. Gonzalez-Longoria, 831 F.3d 670, 675-77 (5th Cir. 2016) (en 

banc), petition for cert. filed (Sept. 29, 2016) (No. 16-6259). He thus has not 

met his burden of showing plain error. See Puckett v. United States, 556 U.S. 

129, 135 (2009).

AFFIRMED.

 Case: 16-40618 Document: 00514059962 Page: 2 Date Filed: 07/05/2017