United States v. Pulliro , 344 F. App'x 943 ( 2009 )


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  •                       REVISED October 6, 2009
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    United States Court of Appeals
    Fifth Circuit
    No. 09-20032                   FILED
    Summary Calendar            September 21, 2009
    Charles R. Fulbruge III
    UNITED STATES OF AMERICA,                                       Clerk
    Plaintiff-Appellee
    v.
    MATIAS MAURICIO STRACKE PULLIRO, also known as Mauricio Matias
    Stracke, also known as Matias Mauricio Stracks, also known as Matias Mauricio
    Stracke-Pulliro,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 4:08-CR-567-ALL
    Before HIGGINGBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges.
    PER CURIAM:*
    Matias Mauricio Stracke Pulliro pled guilty to having been found
    unlawfully present in the United States subsequent to a prior conviction. He
    was sentenced to 70 months of imprisonment and a three-year term of
    supervised release.
    *
    Pursuant to 5TH CIR. 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    should not be published and is not precedent except under the limited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 5TH CIR. R. 47.5.4.
    No. 09-20032
    In his sole issue on appeal, Pulliro argues that the district court erred in
    finding that his 2005 Texas conviction for arson was a crime of violence for
    purposes   of   the   16-level   enhancement       provided   for   by   U.S.S.G.
    § 2L1.2(b)(1)(A)(ii). He maintains that because the Texas statute (TEX. PENAL
    CODE ANN. § 28.02 (Vernon 2003)) does not require intended harm to a person
    for a conviction, it is broader than the common-law definition of arson. This
    court recently rejected this same argument in United States v. Velez-Alderete,
    
    569 F.3d 541
    , 544-46 (5th Cir. 2009). In light of our holding in Velez-Alderete,
    the district court did not err in applying Section 2L1.2’s 16-level enhancement
    based on Pulliro’s prior Texas arson conviction.
    AFFIRMED.
    2
    

Document Info

Docket Number: 09-20032

Citation Numbers: 344 F. App'x 943

Judges: Clement, Higgingbotham, Per Curiam, Southwick

Filed Date: 10/6/2009

Precedential Status: Non-Precedential

Modified Date: 8/2/2023