USA v. Mauro Varilla-Quevado

Filing 920100218

Case: 09-40863

Document: 00511027510

Page: 1

Date Filed: 02/12/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-40863 Conference Calendar February 12, 2010 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. MAURO VARILLA-QUEVADO, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:09-CR-134-1

Before GARZA, DENNIS, and ELROD, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Mauro Varilla-Quevado 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 United States Sentencing

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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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Case: 09-40863

Document: 00511027510 Page: 2 No. 09-40863

Date Filed: 02/12/2010

Guideline § 2L1.2(b)(1)(C). The appellant's unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

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