United States v. Nevarez-Gonzalez

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. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:98-CR-69-1-Y - - - - - - - - - - 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.