United States v. Velasco-Rodriguez ( 2003 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50742
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CESAR VELASCO-RODRIGUEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-02-CR-405-ALL-PRM
--------------------
February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Cesar Velasco-Rodriguez (“Velasco”) pleaded guilty to
illegal reentry into the United States after having been
deported, a violation of 8 U.S.C. § 1326, and was sentenced to
18 months in prison and three years of supervised release. He
now appeals his sentence.
Velasco contends that his prior felony conviction in
California of possession of narcotic controlled substance did
not qualify as an “aggravated felony” under § 2L1.2(b)(1)(C)
*
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that this opinion should not be published and is not precedent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. 02-50742
-2-
(Nov. 2001), so as to warrant an eight-level offense-level
increase. His arguments regarding the guideline definitions of
“drug trafficking offense” and “aggravated felony” recently were
rejected in United States v. Caicedo-Cuero, 312 F.3d 697, 706-11
(5th Cir. 2002). The district court did not err in applying the
eight-level adjustment. See id.AFFIRMED.