United States v. Alfendelin-Olalde

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-50223 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TOMAS ORTIZ-PEREZ, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. DR-97-CR-272-1 - - - - - - - - - - Consolidated with * * * * * * * * * * * * * * * * * * * * No. 98-50229 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EDWIN RAMON GUILLEN-HERNANDEZ, also known as Alexis Cruz-Selaya, also known as Alexi Amed Selaya-Funez, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. DR-97-CR-336-ALL - - - - - - - - - - Consolidated with No. 98-50223 -2- No. 98-50230 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus NOE DE LUNA-BERRONES, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. DR-97-CR-360-ALL - - - - - - - - - - Consolidated with * * * * * * * * * * * * * * * * * * * * * * * No. 98-50401 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALFREDO FUENTES-REA, also known as Rodolfo Hernandez-Andrade, also known as Lorenzo Leon-Corona, also known as Alfredo Seves- Fuentes, also known as Alfonso Reyes-Fuentes, also known as Raul Tolentino-Berrano, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. DR-97-CR-396-ALL - - - - - - - - - - Consolidated with No. 98-50223 -3- No. 98-50437 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PEDRO ALVAREZ-OLALDE, also known as Alfredo Alfenddelin-Olinde, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. DR-97-CR-309-ALL - - - - - - - - - - December 9, 1998 Before DAVIS, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* The appellants pleaded guilty to illegally reentering the country after having been deported. They argue that the district court erred when it increased their offense levels by 16 under U.S. Sentencing Guidelines § 2L1.2(b)(1)(A) for their prior state drug convictions. They contend that, because their state felony drug convictions would be only misdemeanors under federal law, their prior convictions were not “drug-trafficking crime[s]” under 18 U.S.C. § 924(c)(2) and did not constitute “aggravated felon[ies]” for purposes of § 2L1.2(b)(1)(A). Their argument is foreclosed by United States v. Hinojosa-Lopez, 130 F.3d 691, 694 (5th Cir. 1997). The appellants’ convictions and sentences 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. 98-50223 -4- AFFIRMED.