IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 16, 2009
No. 08-20753
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ENRIQUE ROBERTO PEREZ GONZALEZ also known as, Enrique Roberto
Perez-Gonzalez also known as, Enrique Perez-Gonzalez also known as, Roberto
Enrique Perez Gonzalez also known as, Enrique Roberto Perez also known as,
Enrique Perez Gonzalez
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:08-CR-223-ALL
Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Enrique Roberto Perez
Gonzalez presents arguments that he concedes are foreclosed by United States
v. Cepeda-Rios, 530 F.3d 333, 335-36 (5th Cir. 2008), which held that even after
Lopez v. Gonzales, 549 U.S. 47 (2006), a second state conviction for simple
possession of a controlled substance qualifies as an aggravated felony that
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-20753
supports the imposition of an eight-level enhancement under U.S.S.G.
§ 2L1.2(b)(1)(C). The appellant’s unopposed motion for summary disposition is
GRANTED, and the judgment of the district court is AFFIRMED.
2