
    UNITED STATES of America, Plaintiff-Appellee v. Adolfo MARTINEZ-PADRON, Defendant-Appellant.
    No. 09-10958
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Nov. 15, 2010.
    
      Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney’s Office, Fort Worth, TX, for Plaintiff-Appellee.
    William Reynolds Biggs, William Ernest Hermesmeyer, Federal Public Defender’s Office, DALLAS, TX, William Ernest Hermesmeyer, Federal Public Defender’s Office, Fort Worth, TX, for Defendant-Appellant.
    Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.
   PER CURIAM:

Adolfo Martinez-Padron (Martinez) appeals the 36-month sentence imposed following his guilty plea conviction of illegal reentry. Martinez argues that the district court improperly enhanced his offense level pursuant to U.S.S.G. § 2L1.2(b)(1)(D) based on its determination that his prior Texas conviction for cocaine possession was a felony as defined by the Sentencing Guidelines. More specifically, Martinez contends that the district court erred because its conclusion that his prior state conviction was for a felony offense relied exclusively upon the characterization of his offense in the presentence report.

Martinez did not object to the characterization of his prior conviction as a felony or challenge the imposition of the four-level enhancement under § 2L1.2(b)(l)(D). Accordingly, we review only for plain error. United States v. Garda-Arellano, 522 F.3d 477, 480 (5th Cir.2008). Our determination whether there is error is “based on the record before us as supplemented with the state-court documents” related to Martinez’s prior conviction. Id.

Guideline § 2L1.2 provides for a four-level increase if the defendant has been previously convicted of a felony offense. § 2L1.2(b)(l)(D). State-court documents for Martinez’s prior conviction, with which the Government has supplemented the record on appeal, show that Martinez pleaded guilty to possession of less than one gram of cocaine, a violation of Tex. Health & Safety Code Ann. § 481.115(b). This offense is a state jail felony punishable by no less than 180 days nor more than two years in prison. See § 481.115(b); Tex. Penal Code Ann. § 12.35(a). Accordingly, the offense qualifies as a “felony” for purposes of § 2L1.2. § 2L1.2, comment, (n.2); United States v. Riverar-Perez 322 F.3d 350, 352 (5th Cir.2003). The application of the four-level enhancement was not error, plain or otherwise.

AFFIRMED. 
      
       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.
     