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91 Tul. L. Rev. 843 (2016-2017)

handle is hein.journals/tulr91 and id is 899 raw text is: Vagueness Doctrine and 18 U.S.C. § 16(b): The Fifth Circuit's Decision in United States v Gonzalez-Longoria I. OVERVIEW .............................................. 843 II. BACKGROUND ................................ ...... 844 A. History ofFiib Amendment Void for Vagueness Doctrine. ........................... .....844 B. Application of the Void for Vagueness Doctrine to Sentencing Guidelines and Related Statutes............846 111. COURT'SDECISION ..................................848 IV. ANALYSIS .......................................... 850 I. OVERVIEW Gregario Gonzalez-Longoria had a history of domestic violence incidents.' In 2008, a Texas court convicted Gonzalez-Longoria of misdemeanor domestic assault for grabbing his common law wife, pushing her to the ground, and kicking her several times.2 Later that same year, he was involved in another altercation with his wife.' For this incident, he was convicted of a felony offense: Assault Causing Bodily Injury with a Prior Conviction of Family Violence.' Shortly thereafter, Gonzalez-Longoria, a Mexican citizen, was deported to Mexico.' Approximately six years later, in June 2014, police came across Gonzalez-Longoria walking alongside a highway and discovered that he was an illegal alien.' Gonzalez-Longoria was subsequently arrested and charged with being unlawfully present in the United States. Gonzalez-Longoria pled guilty to being unlawfully present in the United States.! During sentencing, the district court applied an eight-level sentencing enhancement, finding that Gonzalez- Longoria's prior felony conviction was a crime of violence that 1. United States v. Gonzalez-Longoria, 831 F.3d 670, 672-73 (5th Cir. 2016). 2. Id. 3. Id at 673. This dispute occurred as Gonzalez-Longoria's wife tried to board a bus. Id She claimed that he struck her on the face, and she fell to the ground. Id 4. Id. 5. Id 6. Id. 7. Id 8. Id. 843

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