USA v. Pablo Corte

Filing

UNPUBLISHED OPINION FILED. [14-40886 Affirmed ] Judge: JLW , Judge: SAH , Judge: GJC. Mandate pull date is 08/17/2015 for Appellant Pablo Cortes [14-40886]

Case: 14-40886

Document: 00513129677

Page: 1

Date Filed: 07/27/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40886
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
July 27, 2015
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
PABLO CORTES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:14-CR-18
Before WIENER, HIGGINSON, and COSTA, Circuit Judges.
PER CURIAM: *

Defendant-Appellant Pablo Cortes pleaded guilty to unlawful presence
in the United States after removal following an aggravated felony conviction.
In determining Cortes’s sentence, the district court imposed a 16-level
enhancement, pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(i), based on Cortes’s 2012
Texas conviction for possession with intent to deliver more than 4 but less than

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
*

Case: 14-40886

Document: 00513129677

Page: 2

Date Filed: 07/27/2015

No. 14-40886
200 grams of methamphetamine in violation of Texas Health & Safety Code §
481.112(d).
Cortes contends that his prior conviction was not a drug trafficking
offense because the conviction could have been imposed for mere
administration of a controlled substance and because delivery under § 481.112
encompasses gifts or unremunerated transfers.

Both of these issues are

foreclosed. See United States v. Rodriguez-Bernal, 783 F.3d 1002, 1003-04,
1008 (5th Cir. 2015), petition for cert. filed (June 30, 2015) (No. 15-5047);
United States v. Teran-Salas, 767 F.3d 453, 460-62 (5th Cir. 2014), cert. denied,
135 S. Ct. 1892 (2015); see also United States v. Martinez-Lugo, 782 F.3d 198,
200-05 (5th Cir. 2015), petition for cert. filed (June 19, 2015) (No. 14-10355).
AFFIRMED.

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