USA v. Fredi Mendoza-Corte


UNPUBLISHED OPINION FILED. [14-40027 Affirmed ] Judge: EBC , Judge: ECP , Judge: JWE Mandate pull date is 09/19/2014 for Appellant Fredi Armando Mendoza-Cortes; granting motion for summary affirmance filed by Appellant Mr. Fredi Armando Mendoza-Cortes [7617648-2] [14-40027]

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Case: 14-40027 Document: 00512751147 Page: 1 Date Filed: 08/29/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40027 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 29, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. FREDI ARMANDO MENDOZA-CORTES, also known as Fredy Armando Mendoza-Cortez, also known as Bernardo Hernandez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:13-CR-1245-1 Before CLEMENT, PRADO, and ELROD, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Fredi Armando MendozaCortes raises an argument that he concedes is foreclosed by United States v. Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012), cert. denied, 133 S. Ct. 2044 (2013), which held that the sentence enhancement provided for in U.S.S.G. ยง 2L1.2(b)(1)(A)(i) applies to a conviction for the federal crime of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40027 Document: 00512751147 Page: 2 Date Filed: 08/29/2014 No. 14-40027 conspiracy to commit a federal drug trafficking offense. The unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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