United States v. Bonilla

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS July 13, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 04-50005 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FERNANDO ANTONIO BONILLA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. W-03-CR-153-1 --------------------

Before REAVLEY, JOLLY and DENNIS, Circuit Judges.

PER CURIAM:*

Fernando Antonio Bonilla appeals his sentence for his

conviction for illegal reentry following deportation in violation

of 8 U.S.C. § 1326.

Bonilla contends that the district court erred when it

increased his offense level by 16 levels because his deferred

adjudication for the Texas offense of injury to a child was not a

final felony conviction for purposes of U.S.S.G. § 2L1.2(b)(1)(A).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 04-50005 -2-

A Texas deferred adjudication may be counted as a felony

conviction under U.S.S.G. § 2L1.2(b)(1). United States v.

Valdez-Valdez, 143 F.3d 196, 203 (5th Cir. 1998). Bonilla’s

attempt to distinguish his case from Valdez-Valdez is unavailing.

The judgment of the district court is AFFIRMED.