United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS July 13, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-50005
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FERNANDO ANTONIO BONILLA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. W-03-CR-153-1
--------------------
Before REAVLEY, JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Fernando Antonio Bonilla appeals his sentence for his
conviction for illegal reentry following deportation in violation
of 8 U.S.C. § 1326.
Bonilla contends that the district court erred when it
increased his offense level by 16 levels because his deferred
adjudication for the Texas offense of injury to a child was not a
final felony conviction for purposes of U.S.S.G. § 2L1.2(b)(1)(A).
*
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that this opinion should not be published and is not precedent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. 04-50005
-2-
A Texas deferred adjudication may be counted as a felony
conviction under U.S.S.G. § 2L1.2(b)(1). United States v.
Valdez-Valdez, 143 F.3d 196, 203 (5th Cir. 1998). Bonilla’s
attempt to distinguish his case from Valdez-Valdez is unavailing.
The judgment of the district court is AFFIRMED.