USA v. Ramon Saldierna-Roja

Filing

UNPUBLISHED OPINION FILED. [16-40052 Affirmed] Judge: EHJ, Judge: JLW, Judge: EBC. Mandate pull date is 01/17/2017 for Appellant Ramon Onato Saldierna-Rojas; granting motion for summary affirmance filed by Appellant Mr. Ramon Onato Saldierna-Rojas [8313867-2] [16-40052]

Case: 16-40052

Document: 00513813222

Page: 1

Date Filed: 12/27/2016

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-40052
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
December 27, 2016
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RAMON ONATO SALDIERNA-ROJAS,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:15-CR-598-1
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *

Ramon Onato Saldierna-Rojas appeals the sentence imposed on his
conviction for being an alien found unlawfully in the United States after having
been deported following an aggravated felony conviction.

Saldierna-Rojas

contends that the district court committed reversible error in determining that
his 2003 Georgia conviction for aggravated assault constituted a crime of
violence for purposes of the enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii).

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40052

Document: 00513813222

Page: 2

Date Filed: 12/27/2016

No. 16-40052
As conceded by Saldierna-Rojas in his motion for summary disposition, his
challenge is foreclosed by United States v. Torres-Jaime, 821 F.3d 577, 582-85
(5th Cir. 2016), petition for cert. filed (Sept. 1, 2016) (No. 16-5853).
Saldierna-Rojas’s motion for summary disposition is GRANTED, and the
judgment of the district court is AFFIRMED.

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