United States v. Lopez-Molina

MEMORANDUM OPINION AND ORDER DENYING DEFENDANT’S OBJECTION TO EIGHT-LEVEL INCREASE FOR PRIOR CONVICTION

MARTINEZ, District Judge.

On this day, the Court considered Defendant Jesus Lopez-Molina’s objection to the Presentence Investigation Report’s (“PSR”) recommendation of an eight-level upward adjustment for his prior conviction for possession of a controlled substance in Texas. The PSR characterizes Defendant’s prior conviction as an “aggravated felony,” thus qualifying Defendant for an eight-level increase pursuant to U.S.S.G. § 2L1.2(b)(l)(C). Defendant argues that the conviction is merely a…