
    UNITED STATES of America, Plaintiff-Appellee v. Julio Cesar PEGUEROS-AGUILAR, Defendant-Appellant.
    No. 08-41285
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Aug. 24, 2009.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
    Marjorie A. Meyers, Federal Public Defender, Philip G. Gallagher, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.
    Before KING, STEWART, and HAYNES, Circuit Judges.
   PER CURIAM:

Julio Cesar Pegueros-Aguilar (Pegue-ros) appeals the sentence he received after he pleaded guilty to being found illegally in the United States following deportation, in violation of 8 U.S.C. § 1326. Pegueros argues that the district court erred when it treated his prior South Carolina conviction for Assault and Battery of a High and Aggravated Nature (ABHAN) as a crime of violence and enhanced his base offense level by 16 under U.S.S.G. § 2L1.2(b)(l)(A)(ii). This court held in United States v. Guerrero-Robledo, 565 F.3d 940, 946 (5th Cir.), petition for cert. filed (July 7, 2009) (No. 09-5206), under both plain error and de novo review, that ABHAN is a crime of violence for § 2L1.2(b)(1)(A)(ii) purposes because it constitutes the enumerated offense of aggravated assault.

AFFIRMED. 
      
       Pursuant to 5 m Cut. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     