United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS August 20, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-51112
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SAUL LUCIO-DIAZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-02-CR-909-ALL
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Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Saul Lucio-Diaz appeals the sentence imposed following his
guilty plea to illegal reentry. He argues that the district
court erred by increasing his base offense level by 16 levels
pursuant to U.S.S.G. § 2L1.2(b)(1)(A). Lucio did not raise this
objection in the district court, and, therefore, our review is
for plain error only. See United States v. Vasquez, 216 F.3d
456, 459 (5th Cir. 2000).
*
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that this opinion should not be published and is not precedent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. 02-51112
-2-
Section 2L1.1(b)(1)(A) provides that “[i]f the defendant
previously was deported, . . . after a conviction for a felony
that is [] a drug trafficking offense for which the sentence
imposed exceeded 13 months,” the base offense level is to be
increased by 16 levels. U.S.S.G. § 2L1.1(b)(1)(A) (2001).
According to the presentence report, Lucio was convicted of
trafficking by possession with intent to distribute cocaine and
was sentenced to nine years’ imprisonment. Lucio offered no
evidence rebutting the reported length of this sentence;
therefore, the presentence report bore sufficient indicia of
reliability such that it was not plainly erroneous for the
district court to apply the 16-level enhancement. See United
States v. Huerta, 182 F.3d 361, 364 (5th Cir. 1999).
AFFIRMED.