IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-11182
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS NEVAREZ-GONZALEZ,
also known as Jesus Nevarez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:98-CR-69-1-Y
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June 16, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Jesus Nevarez-Gonzalez appeals the sentence imposed by the
district court following his guilty-plea conviction for illegal
reentry into the United States following deportation, a violation
of 8 U.S.C. § 1326. Nevarez-Gonzalez challenges the court’s
characterization of his prior Nebraska conviction for possession
of marijuana as an aggravated felony and the concomitant 16-level
*
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that this opinion should not be published and is not precedent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. 98-11182
-2-
increase in his base offense level under U.S.S.G. § 2L1.2(b)(2).
This argument is foreclosed by this court’s opinion in United
States v. Hinojosa-Lopez, 130 F.3d 691, 694 (5th Cir. 1997).
AFFIRMED.