U.S. Court of Appeals for the Fifth Circuit, 2003

United States v. Acosta-Orellano

United States v. Acosta-Orellano
U.S. Court of Appeals for the Fifth Circuit · Decided December 10, 2003 · Davis, Garza, Dennis
82 F. App'x 961

United States v. Acosta-Orellano

Opinion

PER CURIAM. *

Rodolfo Acosta-Orellano appeals his sentence imposed following his guilty plea conviction for being found illegally in the United States following deportation in violation of 8 U.S.C. § 1326(a), (b)(2).

Acosta-Orellano argues that his prior conviction for possession of a controlled substance is not an aggravated felony under U.S.S.G. § 2L1.2(b)(l)(C). This argument is foreclosed by our decision in United States v. Caicedo-Cuero, 312 F.3d 697, 705-11 (5th Cir. 2002), cert. denied, - U.S.-, 123 S.Ct. 1948, 155 L.Ed.2d 864 (2003).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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