IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-41033 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CESAR CISNEROS-QUINONES, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. B-98-CR-194-1 - - - - - - - - - - July 23, 1999 Before HIGGINBOTHAM, JONES, and BARKSDALE, Circuit Judges.

PER CURIAM:* Cesar Cisneros-Quinones appeals his guilty-plea conviction for being an alien found to be illegally in the United States after deportation in violation of 8 U.S.C. § 1326(a) & (b). He argues that the district court erred in finding that his prior state involuntary manslaughter conviction was an aggravated felony and increasing his offense level by 16 points under § 2L1.2(b)(1)(A) of the United States Sentencing Guidelines.

Because there is an absence of clear law on the precise issue raised by Cisneros-Quinones, he has not shown that any error by * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

No. 98-41033 -2- the district court was clear or obvious. See United States v. Castro, 166 F.3d 728, 732 (5th Cir. 1999).

AFFIRMED.