United States v. Erazo-Villatoro

U.S. Court of Appeals for the Fifth Circuit
United States v. Erazo-Villatoro, 323 F. App'x 383 (5th Cir. 2009)
Elrod, Jolly, Jones, Per Curiam

United States v. Erazo-Villatoro

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Edwin Mauricio Erazo-Villatoro 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, 127 S.Ct. 625, 166 L.Ed.2d 462 (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)(l)(C). The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

*

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Edwin Mauricio ERAZO-VILLATORO, Also Known as Edwin Mouricio Erazo, Also Known as Edwin Erazo Villatoro, Also Known as Edwin M. Erazo, Also Known as Edwin M. Erazo-Villatoro, Also Known as Hauricio Eraso-Villatoro, Also Known as Edwin Mauricio Erazio, Also Known as Mauricio Eraso-Villatoro, Also Known as Edwin Erazo-Villatoro, Also Known as Juan Luis Garcia, Also Known as Edwin Mauricio Erazo, Defendant-Appellant
Status
Unpublished