USA v. Rafael Chairez-Ollarzabal, No. 13-40700 (5th Cir. 2014)

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Case: 13-40700 Document: 00512539621 Page: 1 Date Filed: 02/21/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40700 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. RAFAEL CHAIREZ-OLLARZABAL, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:12-CR-1065-1 Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Rafael Chairez-Ollarzabal raises an argument that he concedes is foreclosed by United States v. Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012), cert. denied, 133 S. Ct. 2044 (2013), which held that the sentence enhancement provided for in U.S.S.G. § 2L1.2(b)(1)(A)(i) applies to a conviction for the federal crime of conspiracy to commit a federal drug-trafficking offense. The appellant s motion 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40700 Document: 00512539621 Page: 2 Date Filed: 02/21/2014 No. 13-40700 for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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