IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 12, 2008
No. 07-51043 Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
SOCORRO TELLEZ
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:07-CR-451
Before HIGGINBOTHAM, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM:*
After reviewing the briefs and the record, and listening to the able oral
arguments, we are not persuaded that the district court erred in its application
of U.S.S.G. § 2B1.1(c)(3)’s cross-reference to U.S.S.G. § 2L1.1. The charged
conduct falls within the ambit of both 8 U.S.C. § 1324(a)(2) and 8 U.S.C. §
1185(a)(2). However, the district court should have stated under which statutory
provision the conduct fell, and we urge the district courts to do so in the future.
AFFIRMED.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.