IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40202
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BERNARDINO MALDONADO-MARTINEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-97-CR-244-1
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November 12, 1998
Before DAVIS, DUHE’, and PARKER, Circuit Judges.
PER CURIAM:*
Bernardino Maldonado-Martinez (“Maldonado”) appeals the
sentence imposed by the district court following his guilty-plea
conviction of illegal reentry into the United States following
deportation, a violation of 8 U.S.C. § 1326. Maldonado
challenges the characterization of his prior Texas conviction for
possession of marijuana as a “drug trafficking” offense and an
aggravated felony and the concomitant 16-level increase in his
base offense level under U.S.S.G. § 2L1.2(b). He also contends
that the notice and specificity requirements of due process are
*
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that this opinion should not be published and is not precedent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.
No. 98-40202
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violated by designating his conviction for possession of
marijuana as “drug trafficking.”
We have reviewed the record and the briefs of the parties
and find no plain error. See United States v. Hinojosa-Lopez,
130 F.3d 691, 694 (5th Cir. 1997); United States v. Torrez, 40
F.3d 84, 86 (5th Cir. 1994); United States v. Pearson, 910 F.2d
221, 223 (5th Cir. 1991).
AFFIRMED.