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United States v. Jose Escobar-Lopez, 4th Cir. (2015)
United States v. Jose Escobar-Lopez, 4th Cir. (2015)
No. 14-4213
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
Margaret B. Seymour, Senior
District Judge. (5:12-cr-00808-MBS-11)
Submitted:
Before GREGORY
Circuit Judge.
and
DIAZ,
Decided:
Circuit
Judges,
and
July 6, 2015
DAVIS,
Senior
PER CURIAM:
Jose
plea
Nicanor
agreement
Escobar-Lopez
to
pleaded
conspiracy
to
guilty
possess
pursuant
with
to
intent
a
to
(b)(1)(A),
846
(2012).
The
district
court
On appeal,
appeal,
Government
but
raising
proved
that
as
an
issue
Escobar-Lopezs
for
review
1997
whether
California
the
state
offense,
argues
that
his
enhanced
sentence
violates
United States v. Simmons, 649 F.3d 237, 240-49 (4th Cir. 2011)
(en banc), and raises additional challenges to his conviction
and sentence.
We affirm.
term
felony
drug
offense
2
used
in
841(b)(1)(A).
United States v. Burgess, 478 F.3d 658, 661 (4th Cir. 2007).
While section 841 of Title 21 of the United States Code does not
define the term felony drug offense, Section 802(44) does.
That section defines a felony drug offense as an offense that
is punishable by imprisonment for more than one year under any
law of the United States . . . that prohibits or restricts
conduct
relating
to
narcotic
drugs,
marihuana,
[B]ecause
the
term
felony
drug
anabolic
21 U.S.C.
offense
is
conviction--for
which
he
received
suspended
prison
of
265
days
in
county
jail--was
punishable
by
conclude
that
the
district
court
properly
determined
years
imprisonment.
That
Escobar-Lopez
was
given
(4th Cir. 2013), cert. denied, 134 S. Ct. 1773 (2014); United
States
v.
Williams,
508
F.3d
724,
730
(4th
Cir.
2007).
of
the
Escobar-Lopezs
record
pro
se
in
this
supplemental
judgment.
case
This
and
brief
the
and
remainder
have
found
of
no
court
requires
that
counsel
inform
If Escobar-Lopez
must
state
that
copy
Escobar-Lopez.
thereof
was
Counsels
served
on
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED