IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 18, 2007
No. 06-50809
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
GABRIEL FRIAS-PINA
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-43-ALL
Before KING, DAVIS and CLEMENT, Circuit Judges.
PER CURIAM:*
Gabriel Frias-Pina (Frias) appeals his 60-month sentence imposed after
his guilty-plea conviction for illegal reentry into the United States following
deportation. For the first time on appeal, Frias argues that the district court
committed error by enhancing his sentence under U.S.S.G. § 2L1.2(b)(1)(A)(ii)
based on his prior Texas conviction for aggravated robbery. Our review is
*
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should not be published and is not precedent except under the limited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. 06-50809
limited to plain error. United States v. Gonzalez-Chavez, 432 F.3d 334, 336 (5th
Cir. 2005).
Under § 2L1.2(b)(1)(A)(ii), a defendant’s base offense level is increased by
16 levels if he was previously deported after a conviction of a crime of violence.
Robbery is an enumerated crime of violence in the application notes to § 2L1.2,
comment. (n.1(B)(iii)). Frias has not shown plain error in the increase of his
offense level based on his prior aggravated robbery conviction. See United States
v. Santiesteban-Hernandez, 469 F.3d 376, 378, 381 (5th Cir. 2006).
AFFIRMED.
2