USA v. Bertin Rosale

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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