United States v. Kevin Petit , 700 F. App'x 374 ( 2017 )


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  •      Case: 16-51382      Document: 00514229002         Page: 1    Date Filed: 11/07/2017
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    United States Court of Appeals
    Fifth Circuit
    No. 16-51382                                 FILED
    Summary Calendar                        November 7, 2017
    Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    KEVIN DAVID PETIT,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 6:16-CR-144-1
    Before KING, ELROD, and HIGGINSON, Circuit Judges.
    PER CURIAM: *
    Kevin David Petit pleaded guilty to being a felon in possession of a
    firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), and was sentenced
    to 71 months of imprisonment and three years of supervised release. He argues
    that the district court plainly erred in determining that his Texas robbery
    conviction is a crime of violence for purposes of imposing the base offense level
    in U.S.S.G. § 2K2.1(a)(4)(A). He argues that Texas robbery is not a crime 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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.
    Case: 16-51382     Document: 00514229002        Page: 2   Date Filed: 11/07/2017
    No. 16-51382
    violence because it lacks the requisite element of the use of force. He concedes,
    however, that this court has already held that Texas robbery is a crime of
    violence because it meets the generic definition of the enumerated crime-of-
    violence offense of robbery. Compare U.S.S.G. § 4B1.2(a)(1) (force clause), with
    § 4B1.2(a)(2) (enumerated offense clause). Petit therefore raises his argument
    to preserve it for further review.
    The request for relief is foreclosed by United States v. Santiesteban-
    Hernandez, 
    469 F.3d 376
    , 380–81 (5th Cir. 2006), overruled on other grounds
    by United States v. Rodriguez, 
    711 F.3d 541
    , 547–58 (5th Cir. 2013) (en banc),
    in which we held that robbery in violation of Texas Penal Code § 29.02 meets
    the generic definition of the enumerated crime-of-violence offense of robbery.
    Accordingly, the Government’s motion for summary affirmance is GRANTED,
    the Government’s alternative motion for an extension of time to file a brief is
    DENIED, and the judgment of the district court is AFFIRMED.
    2
    

Document Info

Docket Number: 16-51382

Citation Numbers: 700 F. App'x 374

Filed Date: 11/7/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023