UNITED STATES of America, Plaintiff-Appellee v. Eusebio URIAS-MARQUEZ, Defendant-Appellant, 535 F. App'x 330

PER CURIAM: Eusebio Urias-Marquez appeals the 51-month sentence of imprisonment imposed following his guilty plea conviction of being illegally present in the United States after removal. He argues that the district court erred in imposing a 16-level enhancement pursuant to U.S.S.G. § 2L 1.2(b)(1)(A)(ii) based on his Arizona attempted smuggling conviction. We need not determine whether the district court so erred because the error in applying the enhancement, if any, was harmless. As the Government notes, in imposing the 51-month sentence of imprisonment, the district court indicated that it would impose the same sentence based on the factors of 18 U.S.C. § 3553(

a) no matter the application of the enhancement. In view of the foregoing, the Government has met its burden to establish that any error in applying the § 2L1.2(b)(l)(A)(ii) enhancement was harmless. See United States v. Richardson, 676 F.3d 491, 511 (5th Cir.2012); United States v. Bonilla, 524 F.3d 647, 656 (5th Cir.2008). The judgment of the district court is affirmed. AFFIRMED. Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.