USA v. Tellez, No. 07-51043 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 12, 2008 No. 07-51043 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. SOCORRO TELLEZ Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-451 Before HIGGINBOTHAM, DAVIS, and BARKSDALE, Circuit Judges. PER CURIAM:* After reviewing the briefs and the record, and listening to the able oral arguments, we are not persuaded that the district court erred in its application of U.S.S.G. § 2B1.1(c)(3) s cross-reference to U.S.S.G. § 2L1.1. The charged conduct falls within the ambit of both 8 U.S.C. § 1324(a)(2) and 8 U.S.C. § 1185(a)(2). However, the district court should have stated under which statutory provision the conduct fell, and we urge the district courts to do so in the future. AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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