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UNPUBLISHED OPINION FILED.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]
Date Filed: 06/14/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
June 14, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA,
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 06/14/2017
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
The motion for leave to withdraw is GRANTED, counsel is excused from
further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR.
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