United States v. Jimenez-Mata ( 2004 )

United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS June 23, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-51390
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAVIER HORACIO JIMENEZ-MATA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-03-CR-1496-1-DB
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Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Javier Horacio Jimenez-Mata appeals his sentence for his
guilty-plea conviction of illegal re-entry into the United
States. Jimenez-Mata argues that the district court erred in
increasing his criminal history category with the same offense,
i.e., his conviction for importation of a quantity of marijuana,
used to enhance his offense level by 16 levels.
Under U.S.S.G. § 2L1.2(b)(1)(A)(i), 16 levels are added to
the offense level of an alien illegally reentering the United
*
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this opinion should not be published and is not precedent except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. 03-51390
-2-
States who has previously been convicted for a drug trafficking
offense for which the sentence exceeded 13 months. U.S.S.G.
§ 2L1.2(b)(1)(A)(i) (2002). Given the commentary to that
guideline provision, the court’s consideration of the importation
offense in its calculation of Jimenez-Mata’s criminal history
score was appropriate. See U.S.S.G. § 2L1.2 comment. (n.5)
(2002); United States v. Boudreau, 250 F.3d 279, 285 (5th Cir.
2001).
Jimenez-Mata cites United States v. Henry, 288 F.3d 657 (5th
Cir. 2002), and United States v. Cade, 279 F.3d 265 (5th Cir.
2002), as support for his argument. However, neither of these
decisions is apposite as neither involved illegal re-entry and,
consequently, neither involved the application of U.S.S.G.
§ 2L1.2. See Henry, 288 F.3d at 658; Cade, 279 F.3d at 268-69.
The district court’s judgment is AFFIRMED.