Court of Appeals for the Fifth Circuit June 16, 2009, No. 08-40779 (United States v. Alfaro-Cardenas)

PER CURIAM: *

Cruz Alfaro-Cardenas (Alfaro) appeals the sentence imposed following his guilty plea conviction of violating 8 U.S.C. § 1326 by being found in the United States without permission, following removal. He contends that the district court erred by enhancing his sentence pursuant to United States Sentencing Guideline § 2L1.2(b)(l)(C). Citing Lopez v. Gonzales, 549 U.S. 47, 127 S.Ct.