United States v. Almaguer-Reyes

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-50720 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAUL ALMAGUER-REYES, Defendant-Appellant. * * * * * * * * * * * * * * * * * * * * No. 98-50807 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CARLOS ROCHA-AREVALOS, Defendant-Appellant. - - - - - - - - - - Appeals from the United States District Court for the Western District of Texas USDC No. DR-97-CR-488-1 USDC No. DR-98-CR-131-1 - - - - - - - - - - June 16, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* The appellants pleaded guilty to illegally reentering the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-50720 c/w No. 98-50807 - 2 - 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’ sentences are AFFIRMED.