USA v. Miguel Rodriguez-Prieto, No. 10-51119 (5th Cir. 2012)
Annotate this Case
Download PDF
Case: 10-51119 Document: 00512061014 Page: 1 Date Filed: 11/21/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-51119 Summary Calendar November 21, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MIGUEL RODRIGUEZ-PRIETO, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 4:10-CR-193-1 Before REAVLEY, JOLLY, and DAVIS, Circuit Judges. PER CURIAM:* Miguel Rodriguez-Prieto (Rodriguez) appeals his 87-month sentence for illegal reentry under 8 U.S.C. § 1326. He asserts that the district court plainly erred by assigning a criminal history point under U.S.S.G. § 4A1.1(f) (2009) under the theory that the sentence for one of his North Carolina crimes of violence did not receive any points because it was counted together with the sentence imposed for the other North Carolina offense under U.S.S.G. § 4A1.2(a)(2). He asserts that the two offenses were consolidated in a single * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-51119 Document: 00512061014 Page: 2 Date Filed: 11/21/2012 No. 10-51119 judgment that produced a single sentence under North Carolina General Statutes § 15A-1340.15(b). The North Carolina procedure does not affect the Guideline § 4A1.2(a)(2) direction that any prior sentence covered by (A) or (B) is counted as a single sentence. It follows that, whether the district judge added one history point because of § 4A1.1(f) or three more for the second crime of violence, there was no error for defendant s complaint. The judgment of the district court is AFFIRMED. 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.
