USA v. Luis Oyuela-Baquedano


UNPUBLISHED OPINION FILED. [14-50077 Affirmed ] Judge: WED , Judge: EHJ , Judge: SAH Mandate pull date is 07/07/2015 for Appellant Luis Alfonso Oyuela-Baquedano; granting motion for summary affirmance filed by Appellee USA [7757822-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [7757822-3] [14-50077]

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Case: 14-50077 Document: 00513080142 Page: 1 Date Filed: 06/16/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-50077 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 16, 2015 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. LUIS ALFONSO OYUELA-BAQUEDANO, also known as Luis Alonzo OyuelaBaquedano, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 2:13-CR-541-1 Before DAVIS, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Luis Alfonso OyuelaBaquedano raises arguments that are foreclosed by United States v. TeranSalas, 767 F.3d 453, 458-62 (5th Cir. 2014), cert. denied, 135 S. Ct. 1892 (2015). In Teran-Salas, we determined that the appellant was not entitled to relief based merely on the existence of a theoretical possibility that the defendant 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-50077 Document: 00513080142 Page: 2 Date Filed: 06/16/2015 No. 14-50077 could be convicted under Texas Health and Safety Code § 481.112(a) for conduct that would not qualify as a federal drug trafficking offense. See TeranSalas, 767 F.3d at 458. Oyuela-Baquedano has not demonstrated “a realistic probability that Texas would prosecute under an ‘administering’ theory in a way that does not also constitute either ‘dispensing’ or ‘distributing’ under the federal sentencing guidelines.” Id. at 461-62. Accordingly, the Government’s motion for summary affirmance is GRANTED, the 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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