United States v. Hernandez-Sorto ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4335
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
NUMAN POMPILIO HERNANDEZ-SORTO,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CR-01-460-ALL)
Submitted: February 11, 2003 Decided: March 3, 2003
Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Matthew Wartel, BYNUM & JENKINS, Alexandria, Virginia, for
Appellant. Paul J. McNulty, United States Attorney, John Thomas
Lynch, Jr., Special Assistant United States Attorney, Alexandria,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Numan Pompilio Hernandez-Soto pled guilty to one count of
illegal re-entry after deportation in violation of 8 U.S.C.
§ 1326(a), (b)(2) (2000). He now appeals his sentence of twenty-
two months, contending that the district court erred in finding
that his prior state felony conviction for possession of cocaine
qualified as an aggravated felony under the Sentencing Guidelines.
Specifically, Hernandez-Soto contends that because his state
felony conviction for simple possession of cocaine would only be
punishable as a misdemeanor under federal law, it cannot qualify as
an aggravated felony under the Guidelines. This contention is
squarely foreclosed by our recent decision in United States v.
Wilson, F.3d , 2003 WL 124806 (4th Cir. Jan. 16, 2003).
Accordingly, we affirm Hernandez-Sorto’s sentence. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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