United States v. Acosta-Orellano

* 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that this opinion should not be published and is not precedent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
December 10, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-40912
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RODOLFO ACOSTA-ORELLANO,
also known as Adan Cruz,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-03-CR-33-1
--------------------
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Rodolfo Acosta-Orellano appeals his sentence imposed
following his guilty plea conviction for being found illegally
in the United States following deportation in violation of
8 U.S.C. § 1326(a), (b)(2).
Acosta-Orellano argues that his prior conviction for
possession of a controlled substance is not an aggravated felony
under U.S.S.G. § 2L1.2(b)(1)(C). This argument is foreclosed by

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No. 03-40912
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our decision in United States v. Caicedo-Cuero, 312 F.3d 697,
705-11 (5th Cir. 2002), cert. denied, 123 S. Ct. 1948 (2003).
AFFIRMED.

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