USA vs. Gonzalez-Miranda, (5th Cir. 1999)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-20198 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GREGORIO GONZALEZ-MIRANDA, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CR-502-1 December 15, 1999 Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM: * Appellant, Gregorio Gonzalez-Miranda, pleaded guilty to reentering the United States illegally following deportation.
Gonzalez§ 2L1.2, which provides a sixteen-level enhancement for a defendant previously deported following an aggravated felony conviction.
Gonzalez contends that his prior conviction should not be characterized as an aggravated felony because aggravated felonies are defined by statute as drug trafficking crimes. He further argues that any interpretation of the term “aggravated felony” to include simple possession is vague and violates the Due Process Clause of the Fifth Amendment.
Gonzalez’s argument is foreclosed, as he concedes, by this court’s prior opinion in United States v. Hinojosa-Lopez , 130 F.3d 691 (5th Cir. 1997). As to his constitutional argument, due process applies to criminal statutes, requiring that they give fair notice of proscribed conduct. See United States v. Nevers , 7 F.3d 59, 61 (5th Cir. 1993) (citations omitted). Gonzalez’s challenge is to a sentencing guideline, not to a criminal statute. “Due process does not mandate . . . notice, advice, or a probable prediction of where, within the statutory range, the guideline sentence will fall.” United States v. Pearson , 910 F.2d 221, 223 (5th Cir. 1991). For the foregoing reasons, we AFFIRM the judgment of the district court.
AFFIRMED.
No. 99-20198
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This document cites
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Richard J. Nevers, Defendant-Appellant., 7 F.3d 59 (5th Cir. 1993)
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Luis Lauro Hinojosa-Lopez, Defendant-Appellant., 130 F.3d 691 (5th Cir. 1997)
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Jerry Lewis Pearson, Defendant-Appellant. No. 90-8072, Summary Calendar., 910 F.2d 221 (5th Cir. 1990)
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