Case: 11-20340 Document: 00511835356 Page: 1 Date Filed: 04/25/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 25, 2012
No. 11-20340
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
NICOLAS ANTONIO GUTIERREZ LOPEZ, also known as Nicolas A. Gutierrez,
also known as Nicolas Antonio Gutierrez, also known as Nicolas Antonio
Gutierrez-Lopez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:10-CR-761-1
Before REAVLEY, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
Nicolas Antonio Gutierrez Lopez (Gutierrez) pleaded guilty of being
present in the United States illegally following deportation after conviction of an
aggravated felony. In this appeal, Gutierrez contends that the district court
erred in increasing his Sentencing Guidelines offense level by 16 levels based on
its determination that Gutierrez’s 2007 Texas conviction of aggravated assault
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20340 Document: 00511835356 Page: 2 Date Filed: 04/25/2012
No. 11-20340
with a deadly weapon constituted a crime of violence under U.S.S.G.
§ 2L1.2(b)(1)(A)(ii).
Because Gutierrez’s Texas conviction of aggravated assault qualified as a
conviction for the enumerated offense of aggravated assault, the district court
did not err in imposing the 16-level enhancement. See United States v. Guillen-
Alvarez, 489 F.3d 197, 199-201 (5th Cir. 2007); see also U.S.S.G. § 2L1.2,
comment. (n.1(B)(iii)). The judgment is AFFIRMED.
2