United States v. Martinez-Ruiz ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41147
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EULOGIO MARTINEZ-RUIZ,
also known as Nabor Martinez-Ruiz,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-98-CR-100-1
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December 15, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Eulogio Martinez-Ruiz (Martinez) appeals his guilty-plea
conviction for illegal reentry into the United States following
deportation. See 8 U.S.C. § 1326. Martinez argues that the
district court erred when it imposed a 16-level increase under
U.S.S.G. § 2L1.2(b)(1)(A). Martinez contends that the crime of
transporting illegal aliens does not qualify as an aggravated
felony under 8 U.S.C. § 1101(a)(43)(N).
This court has held that the crime of transporting aliens
*
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that this opinion should not be published and is not precedent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. 98-41147
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qualifies as an aggravated felony under the Sentencing
Guidelines. United States v. Monjaras-Castaneda, 190 F.3d 326,
331 (5th Cir. 1999). Accordingly, the district court’s judgment
is AFFIRMED.