USA v. David Espinoza-Barron

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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