|UNITED STATES OF AMERICA,
The district court's determination that Mr. Gomez-Gomez was convicted of two felonies is a factual determination which we review for clear error, but we review the court's interpretation of the sentencing guidelines de novo. See United States v. Wiseman, No. 97-2301, 1999 WL 190553, at *21 (10th Cir. Apr. 5, 1999). The addendum to the presentence report indicates that for both offenses, Mr. Gomez-Gomez "was allowed the privilege of a reduction to a misdemeanor if he completed probation successfully." V R. Addendum at 1. However, because Mr. Gomez-Gomez was subsequently deported, the offenses were not reduced to misdemeanors. See id. Mr. Gomez-Gomez offers nothing to contradict these findings, and thus we conclude that the district court did not err in increasing his offense level pursuant to USSG § 2L1.2(b)(1)(A).
Entered for the Court
Paul J. Kelly, Jr.
*. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. This court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
**. After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1 (G). The cause is therefore ordered submitted without oral argument.