Case: 09-40863 Document: 00511027510 Page: 1 Date Filed: 02/12/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 12, 2010
No. 09-40863
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MAURO VARILLA-QUEVADO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:09-CR-134-1
Before GARZA, DENNIS, and ELROD, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Mauro Varilla-Quevado
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 supports the
imposition of an eight-level enhancement under United States Sentencing
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 09-40863 Document: 00511027510 Page: 2 Date Filed: 02/12/2010
No. 09-40863
Guideline § 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