United States v. Rangel-Camacho , 296 F. App'x 425 ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 21, 2008
No. 07-51262
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JUAN GABRIEL RANGEL-CAMACHO, also known as Juan Gabriel Rangel
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:07-CR-167-ALL
Before KING, BARKSDALE, and OWEN, Circuit Judges.
PER CURIAM:*
Juan Gabriel Rangel-Camacho (Rangel) appeals the sentence imposed
following his guilty plea conviction for illegal reentry after deportation, in
violation of 8 U.S.C. § 1326. The district court enhanced Rangel’s sentence by
eight levels under U.S.S.G. § 2L1.2(b)(1)(C) based on a determination that
Rangel’s second state law conviction for possession of a controlled substance
qualified as an “aggravated felony.”
*
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should not be published and is not precedent except under the limited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. 07-51262
Rangel contends that in light of the Supreme Court’s decision in Lopez v.
Gonzales, 549 U.S. 47 (2006), his second state law conviction does not qualify as
an aggravated felony. In United States v. Cepeda-Rios, 530 F.3d 333, 335-36
(5th Cir. 2008), we rejected the same arguments made by Rangel in this appeal.
For the reasons set forth in Cepeda-Rios, we also affirm Rangel’s sentence.
AFFIRMED.
2