United States v. Mejia-Portillo

*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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 99-40640
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALLEN JIOMAR MEJIA-PORTILLO,
also known as Allen Jiomar
Medina-Fuentes, also known as
Cesar Medina-Fuentes,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court for the
Southern District of Texas
USDC No. B-99-CR-24-1
_________________________________________________________________
August 7, 2000
Before JOLLY, BARKSDALE, and DENNIS, Circuit Judges.
PER CURIAM:*
Allen Jiomar Mejia-Portillo appeals the district court’s
sentence following his guilty plea to illegal reentry after
deportation. Mejia argues that the district court erred in
increasing his sentence by 16 levels because the PSR does not show
that his prior conviction was a felony under state law. Because

-- 1 of 2 --

2
Mejia did not object to this increase in district court, review is
for plain error only.
Such error is not demonstrated by the record. The record does
not reflect whether Mejia’s second crack-related offense was a
felony or misdemeanor, and it could well have fallen into either
classification. Because this issue is unclear, there is no “clear”
or “obvious” error. United States v. Calverley, 37 F.3d 160, 162-
64 (5th Cir. 1994) (en banc). Consequently, the judgment of the
district court is
A F F I R M E D.

-- 2 of 2 --