USA v. Jesus Gasca


UNPUBLISHED OPINION FILED. [16-40189 Affirmed ] Judge: FPB , Judge: JLD , Judge: ECP Mandate pull date is 06/16/2017 for Appellant Jesus Jose Gasca [16-40189]

Download PDF
Case: 16-40189 Document: 00514008522 Page: 1 Date Filed: 05/26/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40189 Summary Calendar United States Court of Appeals Fif h Circuit FILED May 26, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JESUS JOSE GASCA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-795-1 Before BENAVIDES, DENNIS, and PRADO, Circuit Judges. PER CURIAM: * Jesus Jose Gasca appeals the sentence of 42 months of imprisonment imposed following his guilty-plea conviction of illegal reentry into the United States following deportation. See 8 U.S.C. § 1326(a), (b). According to Gasca, the district court erred in treating his 2004 conviction under Texas Penal Code § 30.02 as a crime of violence because, under Mathis v. United States, 136 S. Ct. 2243 (2016), § 30.02 is indivisible and not categorically a crime of violence 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40189 Document: 00514008522 Page: 2 Date Filed: 05/26/2017 No. 16-40189 for purposes of U.S.S.G. § § 2L1.2(b)(1)(A)(ii). We review the district court’s interpretation or application of the Sentencing Guidelines de novo. United States v. Cisneros-Gutierrez, 517 F.3d 751, 764 (5th Cir. 2008). The Texas burglary statute, § 30.02(a) has three subsections, and we have held that an offense under § 30.02(a)(1) qualifies as generic burglary. See United States v. Conde Castaneda, 753 F.3d 172, 176 (5th Cir. 2014). Moreover, § 30.02(a) is divisible and therefore amenable to the modified categorical analysis. Conde-Castaneda, 753 F.3d at 176. In United States v. Uribe, 838 F.3d 667, 669-71 (5th Cir. 2016), cert. denied, 2017 WL 661924 (Mar. 20, 2017) (No. 16-7969), we affirmed the continuing viability of CondeCastaneda after Mathis. Gasca’s arguments are therefore unavailing. See id. The judgment of the district court is AFFIRMED. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?