*1 Before STEWART, Chief Judge, and CLEMENT and SOUTHWICK, Circuit Judges.
PER CURIAM: [*]
Francisco Diaz-Sierra pleaded guilty to illegal reentry after removal and was sentenced to 46 months of imprisonment. On appeal, he argues that the district court erred by applying the crime-of-violence enhancement in U.S.S.G. § 2L1.2(b)(1)(A)(ii) (2015) based on his prior Texas conviction for burglary of a habitation. We review the district court’s interpretation of the Sentencing *2 Case: 15-41662 Document: 00513981153 Page: 2 Date Filed: 05/05/2017
No. 15-41662
Guidelines de novo and its findings of fact for clear error. United States v. Njoku , 737 F.3d 55, 75 (5th Cir. 2013).
Diaz was convicted of burglary under Texas Penal Code § 30.02. Section 30.02 is a divisible statute, and we have held that a violation of § 30.02(a)(1) constitutes generic burglary of a dwelling for purposes of the crime of violence enhancement. See United States v. Uribe , 838 F.3d 667, 670-71 (5th Cir. 2016), cert. denied , 2017 WL 661924 (Mar. 20, 2017) (No. 16-7969); § 2L1.2(b)(1)(A)(ii) & comment. (n.1(B)(iii)) (2015). Because the state court documents reflect that Diaz pleaded guilty to an offense under § 30.02(a)(1), the district court did not err in applying the crime-of-violence enhancement. See Uribe , 838 F.3d at 671.
AFFIRMED.
2
[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.