IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-51218
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RUDY LEONEL REYNOSO-AMBROCIO,
Defendant-Appellant.
Appeal from the United States District Court
For the Western District of Texas
(DR-01-CR-236-1-0G)
November 14, 2002
Before HIGGINBOTHAM, DUHÉ, and DEMOSS, Circuit Judges.
PER CURIAM:*
Appellant Rudy Leonel Reynoso-Ambrocio complains that the
district court erroneously enhanced his sentence for illegal
reentry into the United States1 by eight levels after concluding
that his prior felony conviction for simple possession of drugs
constituted an aggravated felony under the 2001 version of
Sentencing Guideline § 2L1.2(b)(1)(B). Based on the analysis we
*
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this opinion should not be published and is not precedent except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.
1
See 8 U.S.C. § 1326.
applied in United States v. Caicedo-Cuero,2 in which we found that
state felony drug possession convictions still constitute drug
trafficking crimes for purposes of § 2L1.2(b)(1)(B)’s aggravated
felony enhancement under the 2001 version of the guideline, the
district court did not err in applying the eight-level enhancement
to appellant.3
AFFIRMED.
2
No. 02-20751 (5th Cir. Nov. 14, 2002). This opinion is
attached.
3
In Caicedo-Cuero, the appellant protested both that his
prior conviction for simple possession was not a felony for
purposes of the aggravated felony enhancement and that it was not
a drug trafficking crime for purposes of the enhancement. Id.
Here, Reynoso concedes that his prior crime is a felony, and
asserts only that his prior felony conviction is not a drug
trafficking crime for purposes of the aggravated felony enhancement
under the 2001 version of § 2L1.2.
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