Opinion
No. 08-40108 Conference Calendar.
June 19, 2008.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
Marjorie A. Meyers, Federal Public Defender, Federal Public Defender's Office Southern District of Texas, Houston, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 1:07-CR-614-ALL.
Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
Angel Reyes-Figueroa (Reyes) pleaded guilty to unlawfully attempting to enter the United States after deportation. On appeal, Reyes challenges the district court's characterization of his prior Texas conviction of unauthorized use of a motor vehicle as an aggravated felony. Reyes concedes that this issue is foreclosed, but he nevertheless seeks to preserve it for Supreme Court review in light of the Supreme Court's decision in Leocal v. Ashcroft, 543 U.S. 1, 125 S.Ct. 377, 160 L.Ed.2d 271 (2004). As Reyes concedes, this issue is foreclosed. See Brieva-Perez v. Gonzales, 482 F.3d 356 (5th Cir. 2007); United States v. Galvan-Rodriguez, 169 F.3d 217 (5th Cir. 1999). Accordingly, Reyes's motion for summary disposition is GRANTED and the district court's judgment is AFFIRMED.