United States v. Hedilberto Guzman , 423 F. App'x 407 ( 2011 )

Case: 10-20448 Document: 00511454460 Page: 1 Date Filed: 04/22/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 22, 2011
No. 10-20448
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
HEDILBERTO MONDRAGON GUZMAN, also known as Hedilberto Guzman,
also known as Hedilberto Mondragon-Guzman, also known as Hedilberto T.
Guzman, also known as Albert Guzman,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:10-CR-81-1
Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.
PER CURIAM:*
Hedilberto Mondragon Guzman (Guzman) pleaded guilty to one count of
unlawful reentry following deportation subsequent to an aggravated felony
conviction and was sentenced to 46 months in prison. He now appeals his
sentence, arguing that the district court erred by enhancing his offense level by
16 levels pursuant to U.S.S.G. § 2L1.2 based on a prior Texas conviction for
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-20448 Document: 00511454460 Page: 2 Date Filed: 04/22/2011
No. 10-20448
attempted burglary of a habitation. We review this question de novo. See
United States v. Bonilla, 524 F.3d 647, 651 (5th Cir. 2008).
The judgment from Guzman’s prior state conviction shows that on August
30, 2007, he pleaded guilty to and was convicted of attempted burglary of a
habitation with intent to commit theft. He also admitted at rearraignment that
the Government’s proffered factual basis–which provided that he was convicted
on August 30, 2007, of attempted burglary of a habitation with intent to commit
theft–was true. That language falls squarely within § 30.02(a)(1) of the Texas
Penal Code, which we have held meets the definition of burglary of a dwelling,
an enumerated crime of violence under § 2L1.2. See United States v. Constante,
544 F.3d 584, 585 (5th Cir. 2008) (Armed Career Criminal Act case); United
States v. Garcia-Mendez, 420 F.3d 454, 456-57 (5th Cir. 2005). An attempt to
commit an enhancing offense is counted. § 2L1.2, comment. (n.5).
AFFIRMED.
2