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, 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 U.S.S.G. § 2L1.2(b)(l)(C). The appellant’s unopposed motion for summary disposition is *841GRANTED, and the judgment of the district court is AFFIRMED.
326 F. App'x 840
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.
No. 08-20753
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
June 16, 2009.
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, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.
Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.
United States v. Gonzalez
326 F. App'x 840
Case Details
326 F. App'x 840
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