USA v. Gonzalez, No. 08-20753 (5th Cir. 2009)

Annotate this Case

Download PDF

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-20753 Conference Calendar June 16, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ENRIQUE ROBERTO PEREZ GONZALEZ also known as, Enrique Roberto Perez-Gonzalez also known as, Enrique Perez-Gonzalez also known as, Roberto Enrique Perez Gonzalez also known as, Enrique Roberto Perez also known as, Enrique Perez Gonzalez Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CR-223-ALL Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Enrique Roberto Perez Gonzalez 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. No. 08-20753 supports the imposition of an eight-level enhancement under U.S.S.G. § 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.