USA v. Saul Martinez-Perez, No. 10-40328 (5th Cir. 2012)

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Case: 10-40328 Document: 00511829432 Page: 1 Date Filed: 04/20/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-40328 Summary Calendar April 20, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SAUL MARTINEZ-PEREZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:09-CR-1087-1 Before BENAVIDES, STEWART, and HIGGINSON, Circuit Judges. PER CURIAM:* Saul Martinez-Perez appeals from his conviction of illegal reentry following removal. He contends solely that his attempted murder conviction did not constitute a crime of violence for the purpose of the 16-level adjustment to his offense level under U.S.S.G. § 2L1.2(b)(1)(A)(ii) (2009) because Texas s general attempt statute requires an act amounting to more than mere preparation and is therefore broader than the generic meaning of attempt. Martinez-Perez s contention is foreclosed by United States v. Sanchez, 667 F.3d 555, 560, 563-66 (5th Cir. 2012). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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