United States v. Gonzales ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10278
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARIO ENRIQUE GONZALES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:99-CR-20-ALL-G
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February 14, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Mario Enrique Gonzales appeals his sentence for his bank
robbery convictions. He argues that the district court erred in
determining that his prior Texas conviction for unauthorized use
of a motor vehicle was a "crime of violence" under U.S.S.G.
§ 4B1.1, thereby subjecting Gonzales to the sentencing guideline
career offender provisions. Gonzales concedes that his argument
*
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that this opinion should not be published and is not precedent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. 00-10278
-2-
is foreclosed by this court’s precedent and states that it is
raised here solely for issue preservation purposes.
The Texas offense of unauthorized use of a motor vehicle
qualifies as a crime of violence under U.S.S.G. § 4B1.2 because
of the serious potential risk of physical injury inherent in the
offense. United States v. Jackson, 220 F.3d 635. 639 (5th Cir.
2000). Accordingly, the district court did not err in
determining that Gonzales qualified as a career offender.
AFFIRMED.