Filed: Oct. 20, 2009
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 20, 2009 No. 09-40510 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HECTOR FELIX GARZA-GONZALEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:09-CR-22-1 Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case,
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 20, 2009 No. 09-40510 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HECTOR FELIX GARZA-GONZALEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:09-CR-22-1 Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 20, 2009
No. 09-40510
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
HECTOR FELIX GARZA-GONZALEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:09-CR-22-1
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Hector Felix Garza-Gonzalez
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
Government’s motion for summary affirmance 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.