USA v. Pulliro, (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals

Fifth Circuit

FILED

September 18, 2009

No. 09-20032

Summary Calendar Charles R. Fulbruge III

Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MATIAS MAURICIO STRACKE PULLIRO, also known as Mauricio Matias

Stracke, also known as Matias Mauricio Stracks, also known as Matias Mauricio

Stracke-Pulliro,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:08-CR-567-ALL

Before HIGGINGBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:* Matias Mauricio Stracke Pulliro pled guilty to having been found unlawfully present in the United States subsequent to a prior conviction. He was sentenced to 70 months of imprisonment and a three-year term of supervised release. In his sole issue on appeal, Pulliro argues that the district court erred in finding that his 2005 Texas conviction for arson was a crime of violence for purposes of the 16-level enhancement provided for by U.S.S.G.

§ 2L1.2(b)(1)(A)(ii). He maintains that because the Texas statute (T EX. P ENAL C ODE A NN. § 28.02 (Vernon 2003)) does not require intended harm to a person for a conviction, it is broader than the common-law definition of arson. This court recently rejected this same argument in United States v. Velez-Alderete, 569 F.3d 541, 544-46 (5th Cir. 2009). In light of our holding in Velez-Alderete, the district court did not err in applying Section 2L1.2's 16-level enhancement based on Pulliro's prior Texas arson conviction.

AFFIRMED.

* Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4.

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