United States v. Salazar-Gonzalez

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-50821 Conference Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALMA ROSA SALAZAR-GONZALES, a/k/a Alma Rosa Mendoza,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. EP-95-CR-237 - - - - - - - - - - April 18, 1996

Before DUHÉ, DeMOSS, and DENNIS, CIRCUIT JUDGES.

PER CURIAM:*

Salazar-Gonzales appeals her sentence after pleading guilty

to illegal reentry after deportation, 8 U.S.C. § 1326. She

argues that the district court misapplied the sentencing

guidelines by applying the 16-point upward adjustment of U.S.S.G.

§ 2L1.2(b)(2). She contends that her previous conviction for

burglary of a habitation should not be considered an aggravated

felony because she received a suspended sentence of probation.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-50821 -2-

The district court did not misapply the sentencing guidelines.

See United States v. Vasquez-Balandran, 76 F.3d 648 (5th Cir.

1996).

AFFIRMED.