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U.S. v. CEPEDA-RIOS

No. 07-50731.

530 F.3d 333 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Rogelio CEPEDA-RIOS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 4, 2008.

Attorney(s) appearing for the Case

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.

Before JONES, Chief Judge, and WIENER and CLEMENT, Circuit Judges.

PER CURIAM:

Rogelio Cepeda-Rios ("Cepeda-Rios") appeals the district court's imposition of an eight-level sentence enhancement for his guilty-plea conviction for illegal re-entry into the United States. He argues that his prior conviction for possession of a controlled substance does not qualify as an "aggravated felony" under the sentencing guidelines. We affirm.

I. FACTS AND PROCEEDINGS

Cepeda-Rios pleaded...

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