USA v. Allan Mejia-Portillo
IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-40212 Conference Calendar October 20, 2009 Charles R. Fulbruge III Clerk
UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALLAN MEJIA-PORTILLO, Defendant-Appellant
Appeal from the United States District Court for the Southern District of Texas USDC No. 5:08-CR-1002-1
Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Allan Mejia-Portillo 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 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.
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
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