USA v. Rodriguez

Filing 920100218

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Case: 09-40108 Document: 00511027049 Page: 1 Date Filed: 02/12/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-40108 Conference Calendar February 12, 2010 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALFREDO RODRIGUEZ, JR., Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:07-CR-854-1 Before GARZA, DENNIS, and ELROD, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Alfredo Rodriguez, Jr., raises arguments that are foreclosed by United States v. Jimenez, 323 F.3d 320, 322 (5th Cir. 2003), which upheld the constitutionality of 18 U.S.C. § 2119 as a valid exercise of Congress's Commerce Clause powers. The appellant's motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. *

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