United States v. Guardado-Ortega

115 F. App'x 288

Opinion

PER CURIAM: *

Juan Guardado-Ortega (“Guardado”) appeals the sentence imposed following his guilty-plea convictions for use of a non-immigrant visa obtained by fraud and for illegal reentry following deportation subsequent to a conviction for an aggravated felony. Guardado argues that the district court erred by finding that his California felony convictions for possession of cocaine and possession of a controlled substance were aggravated felonies for purposes of U.S.S.G. § 2L1.2(b)(l)(C) and 8 U.S.C. § 1101(a)(43)(B), because his offenses were punishable only as misdemeanors under federal law.

Guardado’s argument is foreclosed by this court’s opinion in United States v. Hinojosa-Lopez, 130 F.3d 691, 694 (5th Cir.1997). Accordingly, Guardado’s sentence is AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.