IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-41092
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE AYALA-BERMUDES, also known as Jose Alexander Ayala,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-02-CR-179-1
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February 11, 2003
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jose Ayala-Bermudes, a/k/a Jose Alexander Ayala, was
convicted for being present unlawfully in the United States
following deportation, in violation of 8 U.S.C. § 1326(a) and has
appealed his sentence. Ayala contends that the district court
plainly erred in concluding that his state misdemeanor conviction
for Harassment, under TEX. PENAL CODE ANN. § 42.07(a)(2) (West
1996), was a “crime of violence” for purposes of U.S.S.G.
§ 2L1.2(b)(1)(E) (2001). Because this issue was not decided at
*
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this opinion should not be published and is not precedent except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.
No. 02-41092
-2-
the time Ayala was sentenced, any error on the part of the
district court was not clear or obvious and, accordingly, was not
plain error. See United States v. Hull, 160 F.3d 265, 272 (5th
Cir. 1998).
AFFIRMED.