text:           IN THE UNITED STATES COURT OF APPEALS
                     FOR THE FIFTH CIRCUIT United States Court of Appeals
                                                    Fifth Circuit
  
                                                                  FILED
                                                                  April 25, 2008
                                 No. 07-10965
                               Summary Calendar              Charles R. Fulbruge III
                                                                     Clerk
  
  UNITED STATES OF AMERICA
  
                                            Plaintiff-Appellee
  
  v.
  
  JAVIER GUILLEN-REYES
  
                                            Defendant-Appellant
  
  
                   Appeal from the United States District Court
                        for the Northern District of Texas
                             USDC No. 3:07-CR-47-1
  
  
  Before GARWOOD, WIENER and BARKSDALE, Circuit Judges.
  PER CURIAM:*
        Javier Guillen-Reyes (Guillen) appeals the 77-month sentence imposed
  following his guilty plea conviction on one count of illegal reentry. Guillen
  argues that the district court erred by enhancing his offense level pursuant to
  U.S.S.G. § 2L1.2(b)(1)(A)(ii) (2006) based on the determination that his prior
  Texas conviction of burglary of a habitation was a crime of violence as defined
  by the Sentencing Guidelines.
  
  
  
        *
        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  should not be published and is not precedent except under the limited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.
                                     No. 07-10965
  
        As Guillen concedes, because he did not object to the district court’s
  application of the enhancement, review is for plain error only. See United States
  v. Gracia-Cantu, 302 F.3d 308, 310 (5th Cir. 2002). Plain error exists when the
  district court committed a clear and obvious error that affected the substantial
  rights of the defendant. See United States v. Marek, 238 F.3d 310, 315 (5th Cir.
  2001). This court will exercise its sound discretion to correct the error if it finds
  that the error “seriously affects the fairness, integrity, or public reputation of
  judicial proceedings.” Id.
        The record includes a judicial confession, admitted at the sentencing
  hearing below without objection, in which Guillen admitted to facts that
  establish that he committed the offense of burglary of a habitation in a manner
  that is equivalent to the enumerated offense of “burglary of a dwelling.” See
  TEX. PENAL CODE § 30.02(a)(1); United States v. Garcia-Mendez, 420 F.3d 454,
  456-57 (5th Cir. 2005). A written judicial confession may be relied on “in an
  effort to determine the nature of the Texas offense to which [the defendant]
  previously pleaded guilty.” United States v. Garcia-Arellano, ___ F.3d ___, 2008
  WL 771709 (5th Cir. Mar. 25, 2008). In view of the judicial confession, the
  district court did not err, plainly or otherwise, in enhancing Guillen’s offense
  level based on his Texas conviction of burglary of a habitation. See id.
        AFFIRMED.
  
  
  
  
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