United States v. Mares-Calderon

PER CURIAM: *

Tomas Mares-Calderon (Mares) has appealed the 33-month sentence imposed following entry of his guilty plea to being found in the United States unlawfully following deportation. Mares’s offense level was increased by eight levels pursuant to U.S.S.G. § 2L1.2(b)(l)(C) because, prior to his deportation in 2006, Mares was convicted in Texas in 1996 of possession of marijuana and in 1999 of possession of a controlled substance. The second conviction was regarded as an “aggravated felony” under 8 U.S.C. § 1101(a)(43)(B) and U.S.S.G. § 2L1.2(b)(l)(C) because it could have been…