USA v. Nicolas Lopez, No. 11-20340 (5th Cir. 2012)

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Case: 11-20340 Document: 00511835356 Page: 1 Date Filed: 04/25/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-20340 Summary Calendar April 25, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. NICOLAS ANTONIO GUTIERREZ LOPEZ, also known as Nicolas A. Gutierrez, also known as Nicolas Antonio Gutierrez, also known as Nicolas Antonio Gutierrez-Lopez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:10-CR-761-1 Before REAVLEY, SMITH, and PRADO, Circuit Judges. PER CURIAM:* Nicolas Antonio Gutierrez Lopez (Gutierrez) pleaded guilty of being present in the United States illegally following deportation after conviction of an aggravated felony. In this appeal, Gutierrez contends that the district court erred in increasing his Sentencing Guidelines offense level by 16 levels based on its determination that Gutierrez s 2007 Texas conviction of aggravated assault * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20340 Document: 00511835356 Page: 2 Date Filed: 04/25/2012 No. 11-20340 with a deadly weapon constituted a crime of violence under U.S.S.G. § 2L1.2(b)(1)(A)(ii). Because Gutierrez s Texas conviction of aggravated assault qualified as a conviction for the enumerated offense of aggravated assault, the district court did not err in imposing the 16-level enhancement. See United States v. GuillenAlvarez, 489 F.3d 197, 199-201 (5th Cir. 2007); see also U.S.S.G. § 2L1.2, comment. (n.1(B)(iii)). The judgment is AFFIRMED. 2

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