United States v. Frias-Pina , 252 F. App'x 582 ( 2007 )


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  •           IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT United States Court of Appeals
    Fifth Circuit
    FILED
    October 18, 2007
    No. 06-50809
    Summary Calendar              Charles R. Fulbruge III
    Clerk
    UNITED STATES OF AMERICA
    Plaintiff-Appellee
    v.
    GABRIEL FRIAS-PINA
    Defendant-Appellant
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 3:06-CR-43-ALL
    Before KING, DAVIS and CLEMENT, Circuit Judges.
    PER CURIAM:*
    Gabriel Frias-Pina (Frias) appeals his 60-month sentence imposed after
    his guilty-plea conviction for illegal reentry into the United States following
    deportation. For the first time on appeal, Frias argues that the district court
    committed error by enhancing his sentence under U.S.S.G. § 2L1.2(b)(1)(A)(ii)
    based on his prior Texas conviction for aggravated robbery. Our review is
    *
    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    should not be published and is not precedent except under the limited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. 06-50809
    limited to plain error. United States v. Gonzalez-Chavez, 
    432 F.3d 334
    , 336 (5th
    Cir. 2005).
    Under § 2L1.2(b)(1)(A)(ii), a defendant’s base offense level is increased by
    16 levels if he was previously deported after a conviction of a crime of violence.
    Robbery is an enumerated crime of violence in the application notes to § 2L1.2,
    comment. (n.1(B)(iii)). Frias has not shown plain error in the increase of his
    offense level based on his prior aggravated robbery conviction. See United States
    v. Santiesteban-Hernandez, 
    469 F.3d 376
    , 378, 381 (5th Cir. 2006).
    AFFIRMED.
    2
    

Document Info

Docket Number: 06-50809

Citation Numbers: 252 F. App'x 582

Judges: Clement, Davis, King, Per Curiam

Filed Date: 10/18/2007

Precedential Status: Non-Precedential

Modified Date: 8/2/2023