UNITED STATES of America, Plaintiff-Appellee v. Julio Cesar PEGUEROS-AGUILAR, Defendant-Appellant, 331 F. App'x 349

PER CURIAM: Julio Cesar Pegueros-Aguilar (Pegue-ros) appeals the sentence he received after he pleaded guilty to being found illegally in the United States following deportation, in violation of 8 U.S.C. § 1326. Pegueros argues that the district court erred when it treated his prior South Carolina conviction for Assault and Battery of a High and Aggravated Nature (ABHAN) as a crime of violence and enhanced his base offense level by 16 under U.S.S.G. § 2L1.2(b)(l)(A)(ii). This court held in United States v.

Guerrero-Robledo, 565 F.3d 940, 946 (5th Cir.), petition for cert. filed (July 7, 2009) (No. 09-5206), under both plain error and de novo review, that ABHAN is a crime of violence for § 2L1.2(b)(1)(A)(ii) purposes because it constitutes the enumerated offense of aggravated assault. AFFIRMED. Pursuant to 5 m Cut. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.