United States v. Luna-Dominguez ( 2000 )

No. 99-40904
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40904
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VICTOR LUNA-DOMINGUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-99-CR-185-1
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April 13, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Victor Luna-Dominguez (“Luna-Dominguez”) appeals his guilty-
plea conviction for illegal reentry into the United States
following deportation, in violation of 8 U.S.C. § 1326(a) and
(b). He argues that the district court erred by increasing his
offense level 16-levels, pursuant to U.S.S.G. § 2L1.2(b), for
having been previously deported subsequent to an aggravated-
felony conviction for possession of cocaine. We review the
district court’s legal interpretation and application of the
sentencing guidelines de novo and its factual findings for clear
*
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this opinion should not be published and is not precedent except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. 99-40904
-2-
error. United States v. Lowder, 148 F.3d 548, 552 (5th Cir.
1998).
Luna-Dominguez’s argument that mere possession of cocaine
does not qualify as an aggravated felony for purposes of
§ 2L1.2(b) is precluded by our decision in United States v.
Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997). His argument that
his due process rights were violated because the term “drug
trafficking crime” is vague and does not provide adequate notice
is without merit. See United States v. Nevers, 7 F.3d 59, 61
(5th Cir. 1993). The district court’s judgment is AFFIRMED.