Matías Mauricio Stracke Pulliro pled guilty to having been found unlawfully present in the United States subsequent to a prior conviction. He was sentenced to 70 months of imprisonment and a three-year term of supervised release.

In his sole issue on appeal, Pulliro argues that the district court erred in finding that his 2005 Texas conviction for arson was a crime of violence for purposes of the 16-level enhancement provided for by U.S.S.G. § 2L1.2(b)(l)(A)(ii). He maintains that because the Texas statute (Tex. Penal Code Ann. § 28.02 (Vernon 2003)) does not require intended harm to a person for a conviction, it is broader than the common-law definition of arson. This court recently rejected this same argument in United States v. Velez-Alderete, 569 F.3d 541, 544-46 (5th Cir. 2009). In light of our holding in Velez-Alderete, the district court did not err in applying Section 2L1.2’s 16-level enhancement based on Pulliro’s prior Texas arson conviction.

AFFIRMED.