IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20292
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICARDO MANUEL ZEPEDA-CONTRERAS,
also known as Ruben Rojas-Rios,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CR-488-01
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December 16, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Ricardo Manuel Zepeda-Contreras appeals from his conviction
of illegal reentry after deportation. He contends solely that
the district court erred by adjusting his offense level because
he was deported following the commission of an aggravated felony.
He argues that his state-court conviction of possession of crack
cocaine was not an aggravated felony for guideline sentencing
*
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that this opinion should not be published and is not precedent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. 99-20292
-2-
purposes. Zepeda concedes that his argument is foreclosed by our
caselaw, but raises his contention solely to preserve it for
review by the Supreme Court.
Zepeda’s contention is foreclosed by our decision in United
States v. Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997). Zepeda’s
appeal is without arguable merit and is frivolous. Howard v.
King, 707 F.2d 215, 219-20 (5th Cir. 1983).
APPEAL DISMISSED. 5TH CIR. R. 42.2.