PER CURIAM: ^[*]

Darwin Jesus Mejia-Guerra pleaded guilty to one count of illegal reentry into the United States after a prior removal in violation of 8 U.S.C. § 1326(a) and (b). The district court sentenced him to 36 months of imprisonment.

Mejia-Guerra challenges the application of the 16-level crime of violence enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on his prior Texas *2 Case: 15-11134 Document: 00514014234 Page: 2 Date Filed: 05/31/2017

No. 15-11134

conviction for burglary of a habitation. First, the district court did not err when it applied the modified categorical approach to his prior conviction. See United States v. Uribe , 838 F.3d 667, 671 (5th Cir. 2016), cert. denied , 2017 WL 661924 (Mar. 20, 2017) (No. 16-7969); United States v. Conde-Castaneda , 753 F.3d 172, 176 (5th Cir. 2014). Second, the Government satisfied its burden in showing the applicability of the § 2L1.2(b)(1)(A)(ii) enhancement and, thus, the district court did not err in relying on the indictment. See United States v. Torres-Diaz , 438 F.3d 529, 535 (5th Cir. 2006); United States v. Herrera-Solorzano , 114 F.3d 48, 50 (5th Cir. 1997) .

Finally, Mejia-Guerra avers that the district court violated his due process rights by imposing a sentence that exceeded the statutory maximum under § 1326(a). As he concedes, this issue is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 226-28, 235 (1998).

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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