IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20406
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GILBERT MORALES-VEGA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-742-ALL
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February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Gilbert Morales-Vega (“Morales”) appeals the sentencing
following his guilty-plea conviction for illegal reentry into the
United States following deportation. Morales argues that the
district court erred in assessing an eight-level sentence
enhancement because his state drug possession conviction was not
an aggravated felony because the maximum punishment was
probation. Morales also contends that under the November 1,
*
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that this opinion should not be published and is not precedent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. 02-20406
-2-
2001, Sentencing Guidelines § 2L1.2(b)(1)(C), drug possession is
not an aggravated felony. Morales’ arguments are foreclosed by
the decision in United States v. Caicedo-Cuero, 312 F.3d 697
(5th Cir. 2002).
Morales also contends that his conviction for simple
possession of a controlled substance was not a “drug trafficking
crime” and, therefore, not an aggravated felony for the purposes
of 8 U.S.C. §§ 1101(a)(43)(B) & 1326(b)(2). Morales acknowledges
that his argument is foreclosed by United States v. Rivera,
265 F.3d 310, 312-13 (5th Cir. 2001), cert. denied, 534 U.S. 1146
(2002), and United States v. Hinojoas-Lopez, 130 F.3d 691, 693-94
(5th Cir. 1997), but he nevertheless seeks to preserve the issue
for possible further review.
Accordingly, Morales’ sentence is AFFIRMED.
United States v. Morales-Vega
Combined Opinion