United States v. Jaramillo-Dominguez

* 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this opinion should not be published and is not precedent except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. 03-51339
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE JARAMILLO-DOMINGUEZ, also known as
Jose Jaimes-Reyes,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-03-CR-237-ALL
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Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jose Jaramillo-Dominguez appeals the sentence imposed
following his guilty-plea conviction for illegally entering the
United States after deportation, a violation of 8 U.S.C. § 1326.
Jaramillo raises an issue that he concedes is foreclosed, but he
seeks to preserve it for further review.
Jaramillo argues that his prior conviction for possession of
a controlled substance should not be considered an “aggravated
felony” under U.S.S.G. § 2L1.2(b)(1)(C). This argument is
United States Court of Appeals
Fifth Circuit
F I L E D
June 23, 2004
Charles R. Fulbruge III
Clerk

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No. 03-51339
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foreclosed by our decision in United States v. Caicedo-Cuero,
312 F.3d 697, 705-711 (5th Cir. 2002), cert. denied, 538 U.S.
1021 (2003). Jaramillo’s argument that the rule of lenity is
applicable is without merit because the meaning of “aggravated
felony” is not ambiguous. See United States v. Rivera, 265 F.3d
310, 312-13 (5th Cir. 2001).
AFFIRMED.

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