USA v. Castro-Coello, No. 08-40853 (5th Cir. 2009)
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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-40853 Conference Calendar April 30, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. FRANCISCO CASTRO-COELLO, also known as Ricardo Molinas, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:08-CR-432-1 Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Francisco Castro-Coello presents arguments that he concedes are foreclosed by United States v. CepedaRios, 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 supports the imposition of an eight-level enhancement under U.S.S.G. ยง 2L1.2(b)(1)(C). The * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-40853 Government s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2
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