USA v. Felix Reyes-Parada, No. 06-13700 (11th Cir. 2007)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ___________________________ ELEVENTH CIRCUIT SEPTEMBER 4, 2007 THOMAS K. KAHN No. 06-13700 CLERK ___________________________ D.C. Docket No. 05-00524-CR-T-17EAJ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FELIX REYES-PARADA, a.k.a Daniel Reyes-Parada, a.k.a. Daniel Reyes, Defendant-Appellant. _______________________ Appeal from the United States District Court for the Middle District of Florida _______________________ (September 4, 2007) Before EDMONDSON, Chief Judge, and CARNES and FAY, Circuit Judges. PER CURIAM: Reyes-Parada was convicted of violating 8 U.S.C. § 1326(a) & (b)(1), and was sentenced to 46 months imprisonment after the district court applied the sixteen-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii). Reyes-Parada s sole contention is that the enhancement should not have been applied because the 2000 California conviction for assault with a deadly weapon, upon which the enhancement was based, was not a conviction for a felony within the meaning of the guideline. That contention is foreclosed by the conviction in this case itself, which was based on Reyes-Parada s guilty plea to the indictment which charged, among other things, that he previously had been convicted of a felony offense, to wit: the California assault with a deadly weapon offense. Because the guilty plea and conviction based on it, which have not been challenged, establish that Reyes-Parada s 2000 California conviction is a felony, we reject his contention that he should have been sentenced as though it were not. AFFIRMED. 2
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