U.S. v. ARELLANO-TORRES

No. 01-10705.

303 F.3d 1173 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel Angel ARELLANO-TORRES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2002.


Attorney(s) appearing for the Case

Ronald C. Rachow, Assistant United States Attorney, Reno, NV, for the plaintiff-appellee.

Michael K. Powell, Assistant Federal Public Defender, Reno, NV, for the defendant-appellant.

Before: FISHER and PAEZ, Circuit Judges, and WHELAN, District Judge.


FISHER, Circuit Judge.

Miguel Arellano-Torres challenges his sentence for illegal reentry into the United States in violation of 8 U.S.C. § 1326. His appeal presents the question of whether his 1999 Nevada conviction for simple drug possession is an aggravated felony as defined by 8 U.S.C. § 1101(a)(43). We hold that it is and affirm the sentence. We also reject Arellano's contention that the district court erred in imposing a consecutive sentence.

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