United States v. Rosbel Flores-Vera

689 F. App'x 284

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 5, 2017
• Docket: 15-41600 Summary Calendar
• Status: Unpublished

Opinion

PER CURIAM: *

Rosbel Flores-Vera appeals the 84-month sentence imposed by the district court after his guilty plea conviction for being found in the United States illegally following a prior conviction for an aggravated felony. Relying upon Mathis v. United States, — U.S. -, 136 S.Ct. 2243, 195 L.Ed.2d 604 (2016), he argues that the district court erred by imposing a U.S.S.G. § 2L1.2(b)(l)(A)(ii) enhancement based upon his prior conviction under Texas Penal Code § 30.02(a)(1).

We review the district court’s application of the Sentencing Guidelines de novo. See United States v. Cisneros-Gutierrez, 517 F.3d 751, 764 (5th Cir. 2008). We have previously held that § 30.02(a) is divisible under the modified categorical approach and that a § 30.02(a)(1) conviction supports a § 2L1.2(b)(l)(A)(ii) enhancement. United States v. Conde-Castaneda, 753 F.3d 172, 176 (5th Cir. 2014). Contrary to Flores-Vera’s argument, Conde-Castaneda remains good law in the wake of Mathis. See United States v. Uribe, 838 F.3d 667, 669-71 (5th Cir. 2016), cert. denied, — U.S. -, 137 S.Ct. 1359, 197 L.Ed.2d 542 (2017).

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.