DocketNumber： 08-41257
Judges： Elrod, Jolly, Jones, Per Curiam
Filed Date： 4/30/2009
Status： Non-Precedential
Modified Date： 11/5/2024
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 30, 2009 No. 08-41257 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CONSTANTINO LOPEZ-LEON, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:08-CR-832-ALL Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Constantino Lopez-Leon 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 United States Sentencing * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-41257 Guideline § 2L1.2(b)(1)(C). The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2