USA v. Castro-Coello

Filing 920090430

Opinion

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-40853 Conference Calendar April 30, 2009 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. FRANCISCO CASTRO-COELLO, also known as Ricardo Molinas, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:08-CR-432-1

Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Francisco Castro-Coello presents arguments that he concedes are foreclosed by United States v. CepedaRios, 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 U.S.S.G. § 2L1.2(b)(1)(C). The

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR.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. 08-40853 Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

2