United States v. Olivares

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-40507 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JULIAN FELIPE GONZALEZ OLIVARES, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CR-208-1 -------------------- February 20, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges. PER CURIAM:* Julian Felipe Gonzalez Olivares (“Olivares”) appeals his guilty-plea conviction and sentence for being an alien unlawfully found in the United States after deportation. 8 U.S.C. § 1326. He argues that his prior marijuana-possession conviction was not an aggravated felony for purposes of U.S.S.G. § 2L1.2(b)(1)(C)(2001). Olivares’s challenge to the adjustment of his offense level under U.S.S.G. § 2L1.2(b)(1)(C)(2001) is without merit. See United States v. Caicedo-Cuero, 312 F.3d 697, 706-11 (5th Cir. 2002). AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.