USA v. David Espinoza-Barron


UNPUBLISHED OPINION FILED. [14-40806 Affirmed ] Judge: WED , Judge: JWE , Judge: GJC Mandate pull date is 03/17/2015 for Appellant David Espinoza-Barron; granting motion for summary affirmance filed by Appellant Mr. David Espinoza-Barron [7766531-2] [14-40806]

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Case: 14-40806 Document: 00512946971 Page: 1 Date Filed: 02/24/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-40806 Conference Calendar FILED February 24, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID ESPINOZA-BARRON, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-377-1 Before DAVIS, ELROD, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, David Espinoza-Barron raises an argument that he concedes is foreclosed by United States v. Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012), which held that the sentencing enhancement provided for in U.S.S.G. ยง 2L1.2(b)(1)(A)(i) applies to a conviction for the federal crime of conspiracy to commit a federal drug 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40806 Document: 00512946971 Page: 2 Date Filed: 02/24/2015 No. 14-40806 trafficking offense. The unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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