U.S. Court of Appeals for the Fifth Circuit, 2008

United States v. Del Real-Hurtado

United States v. Del Real-Hurtado
U.S. Court of Appeals for the Fifth Circuit · Decided October 9, 2008 · Jolly, Barksdale, Haynes
295 F. App'x 679

United States v. Del Real-Hurtado

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Rodrigo Del Real-Hurtado 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 the Supreme Court’s decision in Lopez v. Gonzales, 549 U.S. 47, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006) did not overrule our precedent holding that 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)(l)(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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *680 the limited circumstances set forth in 5th Cir. R. 47.5.4.

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