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U.S. v. ESTRADA-MENDOZA

No. 05-41627.

475 F.3d 258 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Pablo ESTRADA-MENDOZA, also known as Ignacio Chavez-Mendoza, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 3, 2007.

Attorney(s) appearing for the Case

Mark Michael Dowd, Brownsville, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def., Michael L. Herman, Houston, TX, for Estrada-Mendoza.

Before HIGGINBOTHAM, SMITH and DeMOSS, Circuit Judges.

PER CURIAM:

Pablo Estrada-Mendoza (Estrada) pleaded guilty to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a) and (b)(2). Estrada's presentence investigation report (PSR) set his base offense level at 8 and added 8 levels for his prior Texas felony conviction for possession of a controlled substance, which the PSR characterized as an "aggravated felony" under U.S.S.G. § 2L1.2(B)(1)(C). After a 3-level reduction for acceptance of responsibility...

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