USA v. Bertin Rosale


UNPUBLISHED OPINION FILED. [13-11200 Affirmed ] Judge: EBC , Judge: ECP , Judge: JWE Mandate pull date is 09/19/2014 for Appellant Bertin Rosales; granting motion for summary affirmance filed by Appellee USA [7645238-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [7645238-3] [13-11200]

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Case: 13-11200 Document: 00512750572 Page: 1 Date Filed: 08/29/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-11200 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 29, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. BERTIN ROSALES, also known as Roberto Rosales-Garcia, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:13-CR-50-1 Before CLEMENT, PRADO, and ELROD, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Bertin Rosales raises arguments that he concedes are foreclosed by United States v. Serfass, 684 F.3d 548, 552 (5th Cir. 2012), which held that “the [U.S.S.G.] § 2D1.1(b)(5) sentencing enhancement applies if ‘the offense involved the importation of amphetamine or methamphetamine’ regardless of whether the defendant had knowledge of that importation.” The Government’s motion for summary 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-11200 Document: 00512750572 Page: 2 Date Filed: 08/29/2014 No. 13-11200 affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2

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