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UNPUBLISHED OPINION FILED.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]
Date Filed: 06/16/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
June 16, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
LUIS ALFONSO OYUELA-BAQUEDANO, also known as Luis Alonzo OyuelaBaquedano,
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 06/16/2015
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.
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