USA v. Rodriguez, No. 08-41337 (5th Cir. 2010)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on October 8, 2009.
Download PDF
Case: 08-41337 Document: 00511170368 Page: 1 Date Filed: 07/12/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED July 12, 2010 No. 08-41337 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FRANCISCO DE JESUS RODRIGUEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No.1:08-CR-697-ALL ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before REAVLEY, JOLLY, and WIENER, Circuit Judges. PER CURIAM:* Defendant-Appellant Francisco De Jesus Rodriguez pleaded guilty to being found unlawfully in the United States after deportation following a conviction for an aggravated felony and was sentenced to a 33-month term of imprisonment. Rodriguez appealed his sentence, arguing that (1) the second of his possession convictions should not have been considered an aggravated felony for purposes of U.S.S.G. § 2L1.2(b)(1)(C) because the government failed to prove * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 08-41337 Document: 00511170368 Page: 2 No. 08-41337 Date Filed: 07/12/2010 that it was committed after his first possession conviction had become final, and (2) the government failed to prove that his second conviction was secured in compliance with 21 U.S.C. § 851. We affirmed the judgment of the district court. United States v. Rodriguez, 348 F. App x 960, 963 (5th Cir. 2009). After Rodriguez petitioned for a writ of certiorari, the Supreme Court vacated our decision and remanded the case for consideration in light of Carachuri-Rosendo v. Holder, __S. Ct. __, 2010 WL 2346552 (June 14, 2010) (No. 09-60). Rodriguez v. United States, __S. Ct.__, 2010 WL 85958 (June 21, 2010) (No. 09-8474). In accordance with the Supreme Court s ruling in Carachuri-Rosendo, we VACATE the sentence and REMAND for resentencing. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
