Case: 23-11060 Document: 84-1 Page: 1 Date Filed: 11/07/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 23-11060 FILED November 7, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Elvin Omar Vasquez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:23-CR-32-1 ______________________________ Before Jolly, Jones, and Willett, Circuit Judges.

Per Curiam: * Elvin Omar Vasquez appeals the sentence imposed following his guilty plea conviction for illegal reentry after removal. He contends that the district court erred by sentencing him pursuant to 8 U.S.C. § 1326(b)(2) because he did not have a prior conviction for an aggravated felony. We

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-11060 Document: 84-1 Page: 2 Date Filed: 11/07/2024

No. 23-11060

review for plain error only. See Puckett v. United States, 556 U.S. 129, 135 (2009).

Contrary to Vasquez’s assertion, his Texas conviction for possession with intent to deliver a controlled substance constitutes an aggravated felony for purposes of § 1326(b)(2). See Tex. Health & Safety Code § 481.112(a); Ochoa-Salgado v. Garland, 5 F.4th 615, 616-22 (5th Cir. 2021); see also 8 U.S.C. § 1101(a)(43)(B); 18 U.S.C. § 924(c)(2). Accordingly, he has not demonstrated that the district court erred, plainly or otherwise, by sentencing him pursuant to § 1326(b)(2). See Puckett, 556 U.S. at 135.

AFFIRMED.