Case: 14-10334 Document: 00512987118 Page: 1 Date Filed: 03/31/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 14-10334
Fifth Circuit
FILED
Summary Calendar March 31, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
VICENTE SALAS,
Defendant−Appellant.
Appeal from the United States District Court
for the Northern District of Texas
No. 3:13-CR-296-1
Before SMITH, WIENER, and ELROD, Circuit Judges.
PER CURIAM: *
Vicente Salas appeals the 48-month sentence imposed on his conviction
of illegal reentry after deportation. Salas challenges the 12-level enhancement
applied pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(iii) based on his conviction of a
firearms offense. He contends that the district court erred by relying on the
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-10334 Document: 00512987118 Page: 2 Date Filed: 03/31/2015
No. 14-10334
presentence report’s characterization of the conviction as a firearms offense.
Because Salas failed to object to the enhancement in the district court,
we review for plain error. See United States v. Chavez-Hernandez, 671 F.3d
494, 497 (5th Cir. 2012). On appeal, the government supplemented the record
with copies of Salas’s indictment, deferred adjudication order, and judicial con-
fession from Salas’s Texas conviction of possession of a short-barrel firearm.
We examine state-court documents that have been added as a supplement to
the record in determining whether the enhancement was properly applied.
United States v. Vargas-Soto, 700 F.3d 180, 183 (5th Cir. 2012).
Under § 2L1.2(b)(1)(A)(iii), a defendant receives a 12-level enhancement
for a firearms offense that is not assessed criminal history points. As relevant
here, the commentary defines “firearms offense” as “[a]n offense under federal,
state, or local law that prohibits the possession of a firearm described in
26 U.S.C. § 5845(a).” § 2L1.2, comment. (n.1(B)(v)(II)). Under § 5845(a), the
definition of a “firearm” includes a shotgun having a barrel or barrels under
18 inches in length. § 5845(a)(1).
Salas’s state-court indictment and the judicial confession show that the
firearm was a shotgun with a barrel length of less than 18 inches. Because
Salas was convicted of possessing a shotgun with a barrel length of less than
18 inches, there is no clear or obvious error in the application of the enhance-
ment, so the district court did not plainly err. See United States v. Diaz-Diaz,
327 F.3d 410, 414−15 (5th Cir. 2003).
AFFIRMED.
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