Case Information
*1 Before REAVLEY, OWEN, and ELROD, Circuit Judges.
PER CURIAM: [*]
Aaron Hernandez pleaded guilty to being a felon in possession of a firearm and was sentenced to 70 months of imprisonment. On appeal, he argues that the district court erred by assessing a base offense level of 24 pursuant to United States Sentencing Guidelines § 2K2.1(a)(2) based in part on his prior Texas conviction for possession of cocaine. Because Hernandez objects to the application of U.S.S.G. § 2K2.1 on a different ground than was *2 Case: 15-51084 Document: 00514027748 Page: 2 Date Filed: 06/09/2017
No. 15-51084
raised in the district court, we review the issue for plain error only. See Puckett v. United States , 556 U.S. 129, 135 (2009); United States v. Garcia-Mendez , 420 F.3d 454, 455-56 (5th Cir. 2005).
Hernandez’s challenge to his sentence is unavailing. Under U.S.S.G. § 2K2.1(a)(2), the base offense level is 24 if the defendant has two prior felony convictions for controlled substance offenses or crimes of violence. Hernandez’s prior Texas convictions for burglary of a habitation and assault by strangulation are both crimes of violence under the Guidelines for purposes of U.S.S.G. § 2K2.1. See United States v. Uribe , 838 F.3d 667, 670-71 (5th Cir. 2016), cert. denied , 137 S. Ct. 1359 (2017); United States v. Howell , 838 F.3d 489, 492 (5th Cir. 2016), cert. denied , 137 S. Ct. 1108 (2017). Thus, Hernandez cannot show that the purported error affected his substantial rights. See Puckett , 556 U.S. at 135.
* * *
For the foregoing reasons, the judgment of the district court is 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.
