United States v. Guardado-Ortega

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
December 17, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-20299
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN GUARDADO-ORTEGA, also known as Jorge Guardado-Ortega,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CR-438-ALL
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
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)(1)(C) and

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No. 04-20299
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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.

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