Opinion
No. 08-40151 Summary Calendar.
October 15, 2008.
Appeal from the United States District Court for the Southern District of Texas USDC No. 5:07-CR-905-1.
Before REAVLEY, DAVIS, and ELROD, Circuit Judges.
Amaro Coronado-Santos appeals his guilty-plea conviction and sentence for being found illegally in the United States after having been denied admission, excluded, deported, and removed, in violation of 8 U.S.C. § 1326. Coronado-Santos argues that the district court erred in applying a 16-level adjustment pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii), based on the determination that his prior Texas conviction for burglary of a habitation constituted a crime of violence. We review the district court's interpretation and application of the Sentencing Guidelines de novo. United States v. Murillo-Lopez, 444 F.3d 337, 339 (5th Cir. 2006).
Coronado-Santos recognizes that this court has previously held that an offense committed under TEX. PENAL CODE ANN. § 30.02(a)(1), the statute of his previous conviction, is a crime of violence for purposes of § 2L1.2 because it is the equivalent to the enumerated offense of burglary of a dwelling. See United States v. Garcia-Mendez, 420 F.3d 454, 456-57 (5th Cir. 2005). Nevertheless, Coronado-Santos argues that the Supreme Court's recent decision in James v. United States, 127 S. Ct. 1586, 1599-1600 (2007), overrules this circuit's precedent. In United States v. Gomez-Guerra, 485 F.3d 301, 303 n. 1 (5th Cir.), cert. denied, 128 S. Ct. 156 (2007), this court noted that the analysis in James expressly does not concern enumerated offenses and pertains only to a residual provision in 18 U.S.C. § 924(e)(2)(B)(ii). Consequently, James is not dispositive of this case. Moreover, because this court has held that an offense under § 30.02(a)(1) constitutes a crime of violence for purposes of § 2L1.2, the district court did not err in applying the enhancement under § 2L1.2(b)(1)(A)(ii). See Garcia-Mendez, 420 F.3d at 456-57. Accordingly, the judgment of the district court is AFFIRMED.