IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40880
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERWIN TREJO-TREJO,
also known as Raymundo Trejo-Trejo,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-98-CR-165-1
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June 17, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Erwin Trejo-Trejo appeals the sentence imposed by the
district court following his guilty-plea conviction for illegal
entry into the United States following deportation, a violation
of 8 U.S.C. § 1326. Trejo-Trejo challenges the characterization
of his prior Texas conviction for possession of cocaine as an
aggravated felony and the concomitant 16-level increase in his
base offense level imposed pursuant to U.S.S.G. § 2L1.2(b)(2).
*
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that this opinion should not be published and is not precedent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. 98-40880
-2-
Because Trejo-Trejo did not make this argument in the
district court, his sentence is reviewed for plain error. See
United States v. Rodriguez, 15 F.3d 408, 414 (5th Cir., 1994).
Trejo-Trejo’s argument is foreclosed by this court’s opinion in
United States v. Hinojosa-Lopez, 130 F.3d 691, 694 (5th Cir.
1997). Trejo-Trejo’s contention that the term “drug trafficking”
as cited by the Sentencing Guidelines is unconstitutionally vague
and does not provide notice that it applies to mere possession of
drugs is unfounded. United States v. Pearson, 910 F.2d 221, 223
(5th Cir. 1991).
Trejo-Trejo’s appeal is frivolous. Accordingly, his appeal
is DISMISSED. See 5th Cir. R. 42.2.
APPEAL DISMISSED.