No. 04-20492.

436 F.3d 506 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Martin ARIZAGA-ACOSTA, also known as Martin Anuzaca-Acosta, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 12, 2006.

Attorney(s) appearing for the Case

Diana M.H. Song, Laredo, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Philip G. Gallagher, Houston, TX, for Arizaga-Acosta.

Before JONES, DeMOSS and CLEMENT, Circuit Judges.


Martin Arizaga-Acosta pleaded guilty to attempting to enter the United States unlawfully after deportation for an aggravated felony. Arizaga-Acosta now appeals his sentence, arguing that the district court erred in treating his prior conviction for possession of a listed chemical with intent to manufacture a controlled substance as a "drug-trafficking offense" for purposes of enhancing his sentence under U.S.S.G. § 2L1.2. In support of his argument...

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