USA v. David Harder, No. 18-10140 (5th Cir. 2018)
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Case: 18-10140 Document: 00514758390 Page: 1 Date Filed: 12/12/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-10140 Summary Calendar United States Court of Appeals Fifth Circuit FILED December 12, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID FEHR HARDER, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:17-CR-69-1 Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges. PER CURIAM: * David Fehr Harder appeals the sentence imposed following his guilty plea conviction of illegal reentry after deportation. Specifically, he argues for the first time that the district court plainly erred in determining that he had been convicted previously of an aggravated felony and that he faced a maximum statutory prison term of 20 years. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-10140 Document: 00514758390 Page: 2 Date Filed: 12/12/2018 No. 18-10140 The record shows that Harder was previously convicted under Iowa Code § 124.401(5) of a Class D felony based on the fact of his prior convictions. Accordingly, Harder has not shown that the district court plainly erred to the extent it found that he had a prior aggravated felony conviction and faced a 20year maximum prison term. See Espinal v. Holder, 636 F.3d 703, 707 (5th Cir. 2011); 21 U.S.C. § 844(a); see also Puckett v. United States, 556 U.S. 129, 135 (2009). AFFIRMED. 2
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