689 F. App'x 826 | 5th Cir. | 2017
Before BENAVIDES, DENNIS, and PRADO, Circuit Judges. PER CURIAM: [*]
Jesus Jose Gasca appeals the sentence of 42 months of imprisonment imposed following his guilty-plea conviction of illegal reentry into the United States following deportation. See 8 U.S.C. § 1326(a), (b). According to Gasca, the district court erred in treating his 2004 conviction under Texas Penal Code § 30.02 as a crime of violence because, under Mathis v. United States , 136 S. Ct. 2243 (2016), § 30.02 is indivisible and not categorically a crime of violence
Case: 16-40189 Document: 00514008522 Page: 2 Date Filed: 05/26/2017 No. 16-40189 for purposes of U.S.S.G. § § 2L1.2(b)(1)(A)(ii). We review the district court’s interpretation or application of the Sentencing Guidelines de novo. United States v. Cisneros-Gutierrez , 517 F.3d 751, 764 (5th Cir. 2008).
The Texas burglary statute, § 30.02(a) has three subsections, and we have held that an offense under § 30.02(a)(1) qualifies as generic burglary. See United States v. Conde Castaneda , 753 F.3d 172, 176 (5th Cir. 2014). Moreover, § 30.02(a) is divisible and therefore amenable to the modified categorical analysis. Conde-Castaneda , 753 F.3d at 176. In United States v. Uribe , 838 F.3d 667, 669-71 (5th Cir. 2016), cert. denied , 2017 WL 661924 (Mar. 20, 2017) (No. 16-7969), we affirmed the continuing viability of Conde- Castaneda after Mathis . Gasca’s arguments are therefore unavailing. See id. The judgment of the district court is AFFIRMED.
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[*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.