USA v. Rosbel Flores-Vera

Filing

UNPUBLISHED OPINION FILED. [15-41600 Affirmed] Judge: CDK, Judge: JLD, Judge: GJC. Mandate pull date is 05/26/2017 for Appellant Rosbel Flores-Vera [15-41600]

Case: 15-41600

Document: 00513981044

Page: 1

Date Filed: 05/05/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-41600
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
May 5, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ROSBEL FLORES-VERA,

Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:15-CR-422-1
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *
Rosbel Flores-Vera appeals the 84-month sentence imposed by the
district court after his guilty plea conviction for being found in the United
States illegally following a prior conviction for an aggravated felony. Relying
upon Mathis v. United States, 136 S. Ct. 2243 (2016), he argues that the district
court erred by imposing a U.S.S.G. § 2L1.2(b)(1)(A)(ii) enhancement based
upon his prior conviction under Texas Penal Code § 30.02(a)(1).

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

Case: 15-41600

Document: 00513981044

Page: 2

Date Filed: 05/05/2017

No. 15-41600
We review the district court’s application of the Sentencing Guidelines
de novo. See United States v. Cisneros-Gutierrez, 517 F.3d 751, 764 (5th Cir.
2008). We have previously held that § 30.02(a) is divisible under the modified
categorical approach and that a § 30.02(a)(1) conviction supports a
§ 2L1.2(b)(1)(A)(ii) enhancement. United States v. Conde-Castaneda, 753 F.3d
172, 176 (5th Cir. 2014).

Contrary to Flores-Vera’s argument, Conde-

Castaneda remains good law in the wake of Mathis. See United States v. Uribe,
838 F.3d 667, 669-71 (5th Cir. 2016), cert. denied, 2017 WL 661924 (Mar. 20,
2017) (No. 16-7969).
AFFIRMED.

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