USA v. Jesus Gasca

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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