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U.S. v. ANDRADE-AGUILAR

No. 07-41132.

570 F.3d 213 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Javier ANDRADE-AGUILAR, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 27, 2009.

Attorney(s) appearing for the Case

Michelle Denise Allen-McCoy (argued), McAllen, TX, Jeffery Alan Babcock, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Sarah Beth Landau (argued), Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before BARKSDALE, DENNIS and ELROD, Circuit Judges.

JENNIFER W. ELROD, Circuit Judge:

Javier Andrade-Aguilar (Andrade) appeals the district court's imposition of an eight-level sentence enhancement following his guilty-plea conviction for illegal reentry into the United States in violation of 8 U.S.C. § 1326. He argues that his second of two prior state law convictions for possession of a controlled substance does not qualify as an "aggravated felony" under the Federal Sentencing Guidelines, because the Government...

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