United States v. Castro-Coello

MEMORANDUM OPINION AND ORDER

HANEN, District Judge.

The question presented in these cases is whether under the United States Sentencing Guidelines Manual (“USSG”) the second of two state drug possession convictions would be considered an “aggravated felony” resulting in an eight (8) level enhancement under USSG § 2L1.2 after a conviction for unlawfully entering or remaining in the United States. 8 U.S.C. §§ 1326(a), 1326(b) (2007); U.S. Sentencing Guidelines Manual § 2L1.2 (2007). Until recently, the prevailing law in the Fifth Circuit was set out in United States v. Hinojosa-Lopez, 130 F.3d…