No. 08-41313.

591 F.3d 798 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Armando HENAO-MELO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 22, 2009.

Attorney(s) appearing for the Case

Carmen Castillo Mitchell, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Molly Estelle Odom, Asst. Fed. Pub. Def., Houston, TX, for Henoa-Melo.

Before JONES, Chief Judge, and SMITH and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Armando Henao-Melo pleaded guilty to being found unlawfully in the United States following deportation. The district court enhanced the sentence under the drug trafficking offense provision in U.S.S.G. § 2L1.2(b)(1)(A)(i) based on a previous conviction for use of a telephone to facilitate the commission of a narcotics offense, 21 U.S.C. § 843(b). Henao-Melo contends, in relevant part, that the court erred in applying the drug...

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