United States Fifth Circuit

An imposition of an eight level sentence enhancement for a guilty plea conviction for illegal re-entry is affirmed where: 1) the enhancement applied because defendant's second conviction for possession of narcotics would have been a felony if prosecuted under the Controlled Substances Act; and 2) defendant's second state conviction for possession had to be treated as an aggravated felony for purposes of his sentence.

Appellate Information

• Decided 06/04/2008
• Published 06/04/2008

Judges

• PER CURIAM:, Before JONES, Chief Judge, and WIENER and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for Plaintiff-Appellee., Judy Fulmer Madewell, Henry Joseph Bemporad, Federal Public Defender, Donna F. Coltharp, San Antonio, TX, for Defendant-Appellant.