IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50181
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MIGUEL ROSAS-RAMIREZ,
also known as Miguel G. Ramirez
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-99-CR-394-1-HFG
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August 23, 2001
Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.
PER CURIAM:*
Miguel Rosas-Ramirez (Rosas) appeals his sentence from his
guilty-plea conviction for illegal reentry after deportation in
violation of 8 U.S.C. § 1326. For the first time on appeal, he
argues that the district court erred by enhancing his offense
level 16 points pursuant to U.S.S.G. § 2L1.2(b)(1)(A) based upon
his Texas felony conviction for possession of less than 28 grams
of cocaine.
*
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that this opinion should not be published and is not precedent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. 00-50181
-2-
We have carefully reviewed the arguments and the appellate
record. We conclude that the district court did not commit
error, plain or otherwise, in applying U.S.S.G. § 2L1.2(b)(1)(A)
to the calculation of Rosas’s sentence. See United States v.
Hinojosa-Lopez, 130 F.3d 691, 694 (5th Cir. 1997); United States
v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994)(en banc).
To the extent that Rosas argues that his criminal history
erroneously included “state sentences imposed in violation of
state law,” the record reflects that the district court sustained
this objection at sentencing.
AFFIRMED.