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U.S. v. GARZA-LOPEZ

No. 03-41750.

410 F.3d 268 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar GARZA-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 19, 2005.

Attorney(s) appearing for the Case

Jeffery Alan Babcock (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Yvonne Sanchez, Philip G. Gallagher (argued), Samy K. Khalil, Houston, TX, for Garza-Lopez.

Before KING, Chief Judge, and GARZA and BENAVIDES, Circuit Judges.

KING, Chief Judge:

Defendant-Appellant Oscar Garza-Lopez pled guilty to being knowingly and unlawfully present in the United States following deportation, in violation of 8 U.S.C. § 1326(a) and (b). At sentencing, the district court increased his offense level by sixteen points pursuant to UNITED STATES SENTENCING GUIDELINES ("U.S.S.G.") § 2L1.2(b)(1)(A)(i) (2003), which authorizes an enhancement if the defendant previously was convicted of a "drug trafficking...

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