USA v. Manuel Olivas-Guevara, No. 11-50127 (5th Cir. 2011)

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Case: 11-50127 Document: 00511693866 Page: 1 Date Filed: 12/13/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50127 Summary Calendar December 13, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. MANUEL OLIVAS-GUEVARA, Defendant - Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:10-CR-2725-1 Before BARKSDALE, STEWART, and PRADO, Circuit Judges. PER CURIAM:* Manuel Olivas-Guevara appeals his 87-month sentence following his guilty-plea conviction for illegal reentry after removal, in violation of 8 U.S.C. § 1326. Olivas contends the district court erred by enhancing his base offense level 16 levels, claiming his Texas conviction for delivery of cocaine does not constitute a drug-trafficking offense under Sentencing Guideline § 2L1.2(b)(1)(A)(i). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50127 Document: 00511693866 Page: 2 Date Filed: 12/13/2011 No. 11-50127 As he concedes, because Olivas did not raise this issue in district court, review is only for plain error. E.g., United States v. Henao-Melo, 591 F.3d 798, 801 (5th Cir. 2009). Olivas has not shown error because his contention is foreclosed by United States v. Marban-Calderon, 631 F.3d 210, 212-13 (5th Cir.), cert. denied, 2011 WL 4530529 (3 Oct. 2011) (No. 10-10132) (holding Texas conviction for delivery of controlled substance, such as cocaine, qualifies as drugtrafficking offense under Guideline § 2L1.2(b)(1)(A)(i)). AFFIRMED. 2

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