United States v. Martinez-Espinoza ( 2003 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50085
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GERARDO MARTINEZ-ESPINOZA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-01-CR-205-ALL-SS
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February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Gerardo Martinez-Espinoza (Martinez) challenges his sentence
following his guilty-plea conviction for being found in the
United States after a prior deportation, in violation of 8 U.S.C.
§ 1326. He argues that his prior state felony conviction for
possession of cocaine did not merit the eight-level adjustment
provided in U.S.S.G. § 2L1.2(b)(1)(C) for an aggravated felony.
Martinez’s arguments regarding the definitions of “drug
trafficking offense” and “aggravated felony” were recently
*
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that this opinion should not be published and is not precedent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. 02-50085
-2-
rejected by this court in United States v. Caicedo-Cuero,
312 F.3d 697, 706-11 (5th Cir. 2002). The district court did not
err in assessing an eight-level adjustment, pursuant to U.S.S.G.
§ 2L1.2(b)(1)(C), to Martinez’s sentencing guideline calculation.
Id. The judgment of the district court is therefore AFFIRMED.