Court of Appeals for the Fifth Circuit December 17, 2004, No. 04-40391 (United States v. Lopez-Tovar)

PER CURIAM: *

Jose Luis Lopez-Tovar (Lopez) pleaded guilty and was convicted of illegal reentry after deportation. He was sentenced to 30 months of imprisonment and three years of supervised release. Lopez contends that the district court erred by characterizing his state felony conviction for possession of marijuana as an “aggravated felony” for purposes of U.S.S.G. § 2L1.2.