IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 99-40640 Summary Calendar _____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALLEN JIOMAR MEJIA-PORTILLO, also known as Allen Jiomar Medina-Fuentes, also known as Cesar Medina-Fuentes,

Defendant-Appellant. _________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. B-99-CR-24-1 _________________________________________________________________

August 7, 2000

Before JOLLY, BARKSDALE, and DENNIS, Circuit Judges.

PER CURIAM:*

Allen Jiomar Mejia-Portillo appeals the district court’s

sentence following his guilty plea to illegal reentry after

deportation. Mejia argues that the district court erred in

increasing his sentence by 16 levels because the PSR does not show

that his prior conviction was a felony under state law. Because

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Mejia did not object to this increase in district court, review is

for plain error only.

Such error is not demonstrated by the record. The record does

not reflect whether Mejia’s second crack-related offense was a

felony or misdemeanor, and it could well have fallen into either

classification. Because this issue is unclear, there is no “clear”

or “obvious” error. United States v. Calverley,

, 162-

64 (5th Cir. 1994) (en banc). Consequently, the judgment of the

district court is

A F F I R M E D.

2