United States v. Gonzalez-Bautista ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 10, 2008
No. 08-40214
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
LUIS RAMON GONZALEZ-BAUTISTA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:07-CR-540-ALL
Before DAVIS, WIENER, and PRADO, Circuit Judges.
PER CURIAM:*
Luis Ramon Gonzalez-Bautista appeals the sentence imposed following his
conviction on his guilty plea to a charge of being an alien unlawfully present in
the United States after deportation. He argues that the district court reversibly
erred by imposing a 16-level increase to his base offense level based upon its
determination that his prior Texas convictions for burglary of a habitation
constituted crimes of violence. The Government has moved for summary
affirmance.
*
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should not be published and is not precedent except under the limited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. 08-40214
Gonzalez-Bautista concedes that his arguments are foreclosed and raises
them to preserve them for further review. See United States v.
Cardenas-Cardenas, 543 F.3d 731, 731-32 (5th Cir. 2008); United States v.
Garcia-Mendez, 420 F.3d 454, 456-57 (5th Cir. 2005). Accordingly, the district
court’s judgment is AFFIRMED, and the Government’s motion for summary
affirmance is GRANTED.
2