United States v. Martinez-Gonzalez

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40542
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARTHA MARTINEZ-GONZALEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CR-209-ALL
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February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Martha Martinez-Gonzalez (Martinez) appeals the 37-month
sentence imposed following her plea of guilty to a charge of
being found in the United States after deportation, a violation
of 8 U.S.C. § 1326. She contends that her prior state felony
conviction for possession of cocaine is not an “aggravated
felony” for purposes of U.S.S.G. § 2L1.2(b)(1)(C)(2001). She
also submits that any uncertainty in the interpretation of the

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No. 02-40542
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illegal reentry guideline must be resolved in her favor pursuant
to the rule of lenity.
In United States v. Caicedo-Cuero, 312 F.3d 697, 706-11
(5th Cir. 2002), this court has recently held that the purpose
of the 2001 amendments to the illegal reentry guideline is
“clear” and that possession of a controlled substance is an
“aggravated felony” for purposes of the eight-level increase of
U.S.S.G. § 2L1.2(b)(1)(C). Accordingly, Martinez’s arguments
are foreclosed, and she is not entitled to relief. See id.;
Chapman v. United States, 500 U.S. 453, 463 (1991).
AFFIRMED.

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