Case: 11-30066 Document: 00511609973 Page: 1 Date Filed: 09/22/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 22, 2011
No. 11-30066
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JUAN CHAVEZ-VARGAS, also known as Angel Chavez,
Defendant-Appellant
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:10-CR-24-1
Before WIENER, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Juan Chavez-Vargas appeals the sentence imposed
following his guilty plea convictions for illegal reentry by a removed alien, false
use of a social security number, and possession of a false document. He contends
that the district court committed reversible plain error by assessing a 12-level
enhancement of his offense level, pursuant to United States Sentencing
Guideline § 2L1.2(b)(1)(B), based on a determination that his prior conviction
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-30066 Document: 00511609973 Page: 2 Date Filed: 09/22/2011
No. 11-30066
under California Health and Safety Code § 11352(a) constituted a drug
trafficking offense.
Because the transcript of the guilty plea hearing from the California
conviction manifests a narrowing of the charging document and shows that the
portion of the statute prohibiting the selling of heroin applies to Chavez-Vargas’s
conviction, the district court did not err by imposing the 12-level enhancement.
See United States v. Rodriguez, 523 F.3d 519, 524 (5th Cir. 2008); United States
v. Gutierrez-Ramirez, 405 F.3d at 352, 358-359 (5th Cir. 2005).
AFFIRMED.
2