USA v. Juan Franco-Villagrana

Filing

UNPUBLISHED OPINION FILED. [15-51225 Affirmed] Judge: TMR, Judge: PRO, Judge: JWE. Mandate pull date is 05/23/2017 for Appellant Juan Carlos Franco-Villagrana [15-51225]

Case: 15-51225

Document: 00513975809

Page: 1

Date Filed: 05/02/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 15-51225
Summary Calendar

FILED
May 2, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JUAN CARLOS FRANCO-VILLAGRANA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:15-CR-479-1
Before REAVLEY, OWEN, and ELROD, Circuit Judges.
PER CURIAM: *

Juan Carlos Franco-Villagrana pleaded guilty to illegal reentry and was
sentenced to 46 months of imprisonment. He argues that the district court
erred

in

applying

the

crime-of-violence

enhancement

of

U.S.S.G.

§ 2L1.2(b)(1)(A)(ii) (2014) based on his prior Texas conviction for burglary of a
habitation.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-51225

Document: 00513975809

Page: 2

Date Filed: 05/02/2017

No. 15-51225
Section 30.02(a) of the Texas Penal Code is divisible, the state court
documents reflect that Franco-Villagrana violated § 30.02(a)(1), and a violation
of § 30.02(a)(1) constitutes generic burglary of a dwelling. See United States v.
Uribe, 838 F.3d 667, 670-71 (5th Cir. 2016), cert. denied, 2017 WL 661924 (Mar.
20, 2017) (No. 16-7969); § 2L1.2(b)(1)(A)(ii) & comment. (n.1(B)(iii)) (2014).
Accordingly, the district court did not err in applying the crime-of-violence
enhancement. See Uribe, 838 F.3d at 671.
The judgment of the district court is AFFIRMED.

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