LAW.coLAW.co

UNITED STATES of America, Plaintiff-Appellee v. Constantino LOPEZ-LEON, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2009-04-30No. No. 08-41257
323 F. App'x 367

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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, 127 S.Ct. 625, 166 L.Ed.2d 462 (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 Guideline § 2L1.2(b)(l)(C). The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

Pursuant to 5th Cm. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm. R. 47.5.4.