### 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 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. 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: 07/05/2017No. 16

- 40618

2 aggravated assault to qualify as a crime of violence under § 2L1.2 , th at off ense must match the generic definition, without reference to judicial records. Vasquez

- Segoviano cites to the definition of a crime of violence at 1 8 U.S.C. § 16(b), which, he contends, includes physical force as an element , and that physical force implie s 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. Castaneda

Lozoya , 812 F.3d 457, 459 (5th Cir. 2016)

. In United States v. Guillen

- Alvarez , 489 F.3d 197, 199

- 2 01 (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 pur poses of § 2L1.2(b)(1)(A)(ii). Guillen

- Alvarez r emains valid after Mathis v. United States , 136 S. Ct. 2243 (2016). United States v. Shep h erd , 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 fo r c ert. 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 i s also unavailing as Johns on d id 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 t hus 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