IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________

No. 99-41466 Summary Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ESIQUIO SOLIS-RODRIGUEZ,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:99-CR-47-ALL - - - - - - - - - - September 15, 2000

Before DAVIS, JONES, and DeMOSS, Circuit Judges.

PER CURIAM:*

Esiquio Solis-Rodriguez (Solis) appeals from his 57-month

sentence for illegal reentry into the United States following

deportation, in violation of

. Solis argues that

the court improperly enhanced his base offense level by 16 levels

under U.S.S.G. § 2L1.2(b)(1)(A). Solis contends that the section

does not apply because his deportation, which occurred in 1998, was

based on his 1998 misdemeanor conviction for possession of

marijuana rather than his 1991 aggravated-felony conviction. He

also argues that “[t]he length of time between the felony offense

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-41466 -2–

and the deportation was too remote to justify the 16-level

increase.” These arguments are frivolous.

This court reviews the district court’s application of

the Sentencing Guidelines de novo. United States v. Monjaras-

Castaneda,

(5th Cir. 1999), cert. denied,

(2000). Section 2L1.2(b)(1)(A) provides for a 16-level

increase in the defendant’s offense level if the defendant

previously was deported after a conviction for an aggravated

felony. § 2L1.2(b)(1)(A). The section’s commentary specifically

states that “`[d]eported after a conviction’ means that the

deportation was subsequent to the conviction, whether or not the

deportation was in response to such conviction.” § 2L1.2, comment.

(n.1)(emphasis added). The commentary also defines “`[a]ggravated

felony’ . . . without regard to the date of conviction of the

aggravated felony.” Id.(emphasis added). As Solis previously was

deported after a criminal conviction for an aggravated felony, the

district court properly applied § 2L1.2(b)(1)(A) in calculating his

sentence.

AFFIRMED.