IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20458
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SERGIO QUEZADA-SALAZAR,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CR-493-1
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August 23, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
Sergio Quezada-Salazar appeals the sentence imposed after he
pleaded guilty to a charge of illegal reentry to the United
States following deportation in violation of 8 U.S.C.
§§ 1326(a),(b). Specifically, Quezada-Salazar challenges the
district court’s imposition of a sixteen-level increase to his
offense level pursuant to U.S.S.G. § 2L1.2(b)(1)(A), arguing that
his prior conviction for transporting an alien is not an
aggravated felony.
*
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that this opinion should not be published and is not precedent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. 99-20458
-2-
Quezada-Salazar’s position is foreclosed by our opinion in
United States v. Monjaras-Castaneda, 190 F.3d 326, 331 (5th Cir.
1999), cert. denied, 120 S. Ct. 1254 (2000).
This appeal is without arguable merit and is thus
frivolous. Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983).
It is therefore DISMISSED. 5th Cir. R. 42.2. Counsel is
cautioned to be aware of the Supreme Court’s directive in Anders
v. California, 386 U.S. 738 (1967).
APPEAL DISMISSED.
United States v. Quezada-Salazar
Combined Opinion