Miguel Mendez-Rubi appeals the sentence imposed following his guilty plea conviction for illegal reentry following deportation in violation of 8 U.S.C. § 1326. He contends that the district court plainly erred when it enhanced his sentence based on a finding that his prior conviction for aggravated assault of a peace officer in violation of Tex. Penal Code Ann. § 22.02(a)(2)(A) (1991) was a crime of violence under 18 U.S.C. § 16 and, thus, an aggravated felony for purposes of U.S.S.G. § 2L1.2(b)(1)(C) and § 1326(b)(2). Because Mendez-Rubi did not object to the aggravated felony enhancement in the district court, we review for plain error. See United States v. Villegas, 404 F.3d 355, 358 (5th Cir. 2005).

A conviction for aggravated assault of a peace officer in violation of § 22.02(a)(2)(A) (1991) does not qualify as a crime of violence under § 16(a) because the use of force was not an element of the offense. See United States v. Villegas-Hernandez, 468 F.3d 874, 879, 882 (5th Cir. 2006). However, because we have yet to decide whether such a conviction constitutes a crime of violence under § 16(b) and precedent would have to be extended to compel the result urged by Mendez-Rubi, the alleged error is not clear or obvious. See United States v. Trejo, 610 F.3d 308, 319-20 (5th Cir. 2010). Accordingly, the error, if any, is not plain. See Puckett v. United States, 556 U.S. 129, 129 S.Ct. 1423, 1429, 173 L.Ed.2d 266 (2009).

AFFIRMED.