United States v. Allan Mejia-Portillo , 348 F. App'x 990 ( 2009 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 20, 2009
No. 09-40212
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ALLAN MEJIA-PORTILLO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:08-CR-1002-1
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Allan Mejia-Portillo presents
arguments that he concedes are foreclosed by United States v. Cepeda-Rios, 530
F.3d 333, 335-36 (5th Cir. 2008), which held that even after Lopez v. Gonzales,
549 U.S. 47 (2006), a second state conviction for simple possession of a controlled
substance qualifies as an aggravated felony that supports the imposition of an
eight-level enhancement under U.S.S.G. § 2L1.2(b)(1)(C). The appellant’s
unopposed motion for summary disposition is GRANTED, and the judgment of
the district court is 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.