Appealing the judgment in a criminal case, Johan Dario Reyes-Hobbs 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, 127 S.Ct. 625, 166 L.Ed.2d 462 (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 United States Sentencing Guideline § 2L1.2(b)(l)(C). The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.
366 F. App'x 511
UNITED STATES of America, Plaintiff-Appellee v. Johan Dario REYES-HOBBS, also known as Johan Dario Reyes, also known as Dario Johan Reyes, also known as Johan David Reyes, also known as Johan Dari Reyes, Defendant-Appellant.
No. 09-20613
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
Feb. 12, 2010.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
Marjorie A. Meyers, Federal Public Defender, Timothy William Crooks, Assistant Federal Public Defender, Sarah Beth Landau, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.
Before GARZA, DENNIS, and ELROD, Circuit Judges.
United States v. Reyes-Hobbs
366 F. App'x 511
Case Details
366 F. App'x 511
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