Mejia-Plasencia
United States v. Mejia-Plasencia
Opinion
Lead Opinion
MEMORANDUM **
Joel Mejia-Plasencia appeals his 86-month sentence following his conviction by guilty plea for illegal reentry after deportation, in violation of 8 U.S.C. § 1826 . We have jurisdiction under 18 U.S.C. § 8742 , and we affirm.
Mejia-Plasencia contends that the district court erred in counting his prior Oregon State conviction for possession of a controlled substance as an “aggravated felony” for sentencing enhancement purposes. He argues that U.S.S.G. § 2L1.2(b)(1)(A) was inapplicable because his state offense would not have been a felony under federal law. We recently rejected a similar contention. See United States v. Ibarra-Galindo, 206 F.3d 1337, 1341 (9th Cir.2000), cert. denied, 531 U.S. 1102 , 121 S.Ct. 837 , 148 L.Ed.2d 718 (2001) (holding that a crime punishable under the Controlled Substances Act is an aggravated felony under U.S.S.G. § 2L1.2(b)(1)(A) as long as it is designated a felony by the jurisdiction in which the defendant is convicted).
Mejia-Plasencia does not dispute that he was convicted of a felony under Oregon law. That Oregon drug felony is punishable under the Controlled Substances Act. Thus, Mejia-Plasencia’s previous conviction of a felony…