Whether the District Court erred in sentencing Petitioner by adding one point to his criminal history score based on a Texas State shop lifting conviction

QUESTION PRESENTED FOR REVIEW Whether the District Court erred in sentencing Petitioner by adding one point to his criminal history score based on a Texas State shop lifting conviction. Petitioner urges that there is a conflict between rulings from the United States Court of Appeals for the Fifth Circuit and the United States Court of Appeals for the Ninth Circuit. U.S.Supreme Court R. 10. 1.