USA v. Juan Rodriguez-Aguirre


UNPUBLISHED OPINION FILED. [16-41136 Dismissed as Frivolous] Judge: PEH, Judge: ECP, Judge: CH. Mandate pull date is 07/05/2017 for Appellant Juan Rodriguez-Aguirre; granting motion to withdraw as counsel filed by Ms. Kayla R. Gassmann [8373122-2] [16-41136]

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Case: 16-41136 Document: 00514033419 Page: 1 Date Filed: 06/14/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41136 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 14, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN RODRIGUEZ-AGUIRRE, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:16-CR-203-1 Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Juan RodriguezAguirre has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Rodriguez-Aguirre has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Rodriguez-Aguirre’s response. We concur with 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41136 Document: 00514033419 Page: 2 Date Filed: 06/14/2017 No. 16-41136 counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review before our panel. In his response, Rodriguez-Aguirre challenges, inter alia, the enhancement applied pursuant to U.S.S.G. § 2L1.1(b)(7)(D) (2015) due to the death of an undocumented alien. He argues that while this circuit applies a but-for causation requirement to determine whether an offense caused a death, other circuits apply a proximate cause standard, which he contends is the proper standard. This contention is foreclosed, see United States v. Ramos-Delgado, 763 F.3d 398, 401-02 (5th Cir. 2014), but by raising the issue, Rodriguez-Aguirre has preserved it for further review. The motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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