DocketNumber： 08-20753
Citation Numbers： 326 F. App'x 840
Judges： Smith, Benavides, Haynes
Filed Date： 6/17/2009
Status： Non-Precedential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 June 16, 2009 No. 08-20753 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ENRIQUE ROBERTO PEREZ GONZALEZ also known as, Enrique Roberto Perez-Gonzalez also known as, Enrique Perez-Gonzalez also known as, Roberto Enrique Perez Gonzalez also known as, Enrique Roberto Perez also known as, Enrique Perez Gonzalez Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CR-223-ALL Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Enrique Roberto Perez Gonzalez 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-20753 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. 2