United States v. Espinoza-Hernandez

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20445
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PAULO CESAR ESPINOZA-HERNANDEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-900-ALL
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Paulo Cesar Espinoza-Hernandez (“Espinoza”) appeals the
sentence following his guilty plea for illegal reentry into the
United States following deportation. Espinoza argues that his
prior conviction for possession of cocaine is not an aggravated
felony under the November 1, 2001, Sentencing Guidelines
§ 2L1.2(b)(1)(C).
Espinoza’s arguments regarding the definitions of “drug
trafficking offense” and “aggravated felony” are foreclosed by

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No. 02-20445
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our decision in United States v. Caicedo-Cuero, 312 F.3d 697,
705-11 (5th Cir. 2002), petition for cert. filed, (U.S. Mar. 19,
2003) (No. 02-9747). Accordingly, the district court did not err
in assessing the eight-level upward adjustment.
AFFIRMED.

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