*1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: ^[*]

Juver Alexander Diaz-Martinez appeals the 24-month sentence imposed for his illegal reentry conviction. He contends that the assessment of criminal history points for a prior conviction that also serves as the basis for an increase in the offense level violates the Double Jeopardy Clause by unconstitutionally punishing him twice for the same offense.

*2 Case: 17-40495 Document: 00514296709 Page: 2 Date Filed: 01/05/2018

No. 17-40495

We review de novo the district court’s interpretation and application of the Sentencing Guidelines. United States v. Dison , 573 F.3d 204, 207 (5th Cir. 2009). Double-counting does not violate the Double Jeopardy Clause so long as the Guidelines do not expressly forbid the double-counting. Id. at 208. The applicable guidelines provisions in this case expressly provide for double- counting of a defendant’s prior conviction in enhancing his offense level and assessing his criminal history score. See U.S.S.G. § 2L1.2, cmt. (n.3). Accordingly, the district court did not violate the Double Jeopardy Clause.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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