UNITED STATES of America, Plaintiff-Appellee, v. Felix REYES-PARADA, a.k.a Daniel Reyes-Parada, a.k.a. Daniel Reyes, Defendant-Appellant, 240 F. App'x 352

PER CURIAM: Reyes-Parada was convicted of violating 8 U.S.C. § 1326(a) & (b)(1), and was sentenced to 46 months imprisonment after the district court applied the sixteen-level enhancement under U.S.S.G. § 2L 1.2(b)(1)(A)(ii). Reyes-Parada’s sole contention is that the enhancement should not have been applied because the 2000 California conviction for assault with a deadly weapon, upon which the enhancement was based, was not a “conviction for a felony” within the meaning of the guideline.

That contention is foreclosed by the conviction in this case itself, which was based on Reyes-Parada’s guilty plea to the indictment which charged, among other things, that he “previously had been convicted of a felony offense, to wit:” the California assault with a deadly weapon offense. Because the guilty plea and conviction based on it, which have not been challenged, establish that Reyes-Parada’s 2000 California conviction is a felony, we reject his contention that he should have been sentenced as though it were not. AFFIRMED.