Case: 13-11321 Document: 00512794900 Page: 1 Date Filed: 10/07/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 7, 2014
No. 13-11321
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
HERIBERTO LOPEZ-MATA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:13-CR-36-1
Before PRADO, OWEN, and GRAVES, Circuit Judges.
PER CURIAM: *
Heriberto Lopez-Mata appeals the 37-month sentence imposed following
his conviction for illegal reentry. He contends that the district court erred in
enhancing his sentence for a crime of violence under United States Sentencing
Guidelines § 2L1.2(b)(1)(A)(ii) based on his Texas conviction for burglary under
Texas Penal Code § 30.02(a). His challenge is foreclosed by our decision in
United States v. Conde-Castaneda, 753 F.3d 172, 176-79 (5th Cir. 2014).
The judgment of the district court is AFFIRMED.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.