IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 99-10664 Summary Calendar _____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KEITH W. BLACK, Defendant-Appellant. _________________________________________________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:98-CR-324-ALL _________________________________________________________________ April 4, 2000

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Keith Black appeals his sentence after pleading guilty to the

fraudulent use of a social security number and to being a felon in

possession of a firearm. Black argues that the district court

erred when it used the categorical approach set forth by this court

in United States v. Galvan-Rodriguez,

(5th Cir.),

cert. denied,

(1999), to determine that his prior

conviction for the unlawful taking of a vehicle was a crime of

violence for sentence enhancement purposes under U.S.S.G.

§ 2K2.1(a)(2).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. This court need not reach the issue whether the court’s

approach was incorrect because, under the “residual clause” of

§ 4B1.2(a)(2), Black’s underlying conviction was a crime of

violence given that he stole the car at gunpoint. See United

States v. Kirk,

(5th Cir. 1997).

A F F I R M E D.

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