United States v. Olivares-Gonzalez ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41465
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE GUADALUPE OLIVARES-GONZALEZ,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-00-CR-809-ALL
- - - - - - - - - -
August 6, 2001
Before JOLLY, DAVIS and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jorge Guadalupe Olivares-Gonzalez (Olivares) appeals his
sentence following a guilty plea for unlawful presence in the
United States. See 8 U.S.C. § 1326(a) & (b)(2). He argues that
his prior state felony conviction for unauthorized use of a motor
vehicle should not have been deemed a crime of violence pursuant
to 18 U.S.C. § 16 and should not have constituted an aggravated
felony for sentencing purposes under U.S.S.G. § 2L1.2(b)(1)(A).
Olivares recognizes that his argument is foreclosed by
United States v. Galvan-Rodriguez, 169 F.3d 217 (5th Cir.), cert.
*
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that this opinion should not be published and is not precedent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. 00-41465
-2-
denied, 120 S. Ct. 100 (1999), but he raises the issue to
preserve it for further review. Galvan-Rodriguez forecloses
Olivares’ argument on appeal. See Galvan-Rodriguez, 169 F.3d at
219-20. Accordingly his sentence is AFFIRMED.