Opinion
No. 08-10536 Summary Calendar.
April 1, 2009.
Aaron Wiley, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.
Laura S. Harper, Federal Public Defender's Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 3:07-CR-360-ALL.
Before JONES, Chief Judge, and STEWART and OWEN, Circuit Judges.
Cesar Tlatenchi-Enriquez appeals his 46-month sentence following his guilty plea conviction for illegal reentry into the United States after removal. Tlatenchi-Enriquez argues that the district court erred in applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) because the district court considered uncertified Nebraska judicial documents in determining that Tlatenchi-Enriquez's prior sexual assault conviction constituted a crime of violence under § 2L1.2.
A district court may "use all facts admitted by the defendant in determining whether [a] prior conviction qualifies as an enumerated offense under § 2L1.2." United States v. Mendoza-Sanchez, 456 F.3d 479, 483 (5th Cir. 2006); see also United States v. Jenkins, 487 F.3d 279, 281 (5th Cir. 2007). Tlatenchi-Enriquez admitted at sentencing that his sexual assault conviction was based on his sexual relations with a 14-year-old girlfriend while he was 19 years old. He conceded at sentencing and concedes on appeal that such a conviction would constitute a crime of violence under § 2L1.2. Tlatenchi-Enriquez's admission at sentencing of the facts underlying his sexual assault conviction provided a sufficient basis for the district court to conclude that the conviction constituted a crime of violence. See Mendoza-Sanchez,. 456 F.3d at 483.
AFFIRMED.