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United States v. Rosbel Flores-Vera
689 F. App'x 284
| 5th Cir. | 2017
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*1 Before KING, DENNIS, and COSTA, Circuit Judges.

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 , 136 S. Ct. 2243 (2016), he argues that the district court erred by imposing a U.S.S.G. § 2L1.2(b)(1)(A)(ii) enhancement based upon his prior conviction under Texas Penal Code § 30.02(a)(1).

*2 Case: 15-41600 Document: 00513981044 Page: 2 Date Filed: 05/05/2017

No. 15-41600

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)(1)(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 , 2017 WL 661924 (Mar. 20, 2017) (No. 16-7969).

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.

Case Details

Case Name: United States v. Rosbel Flores-Vera
Court Name: Court of Appeals for the Fifth Circuit
Date Published: May 5, 2017
Citation: 689 F. App'x 284
Docket Number: 15-41600 Summary Calendar
Court Abbreviation: 5th Cir.
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