USA v. Alfonso Moniet-Wong, No. 12-40896 (5th Cir. 2013)

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Case: 12-40896 Document: 00512277163 Page: 1 Date Filed: 06/18/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40896 Conference Calendar June 18, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALFONSO MONIET-WONG, also known as Hector Huerta, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:11-CR-968-1 Before JONES, OWEN, and GRAVES, Circuit Judges. PER CURIAM:* Alfonso Moniet-Wong pleaded guilty to illegal reentry and was sentenced to 52 months of imprisonment and three-years of supervised release. In calculating his guidelines range of imprisonment, the district court applied a 16level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) for Moniet-Wong s prior conviction of conspiracy to distribute marijuana. As he did in the district court, Moniet-Wong argues that his prior conspiracy conviction under 21 U.S.C. § 846 did not require any overt act; it is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40896 Document: 00512277163 Page: 2 Date Filed: 06/18/2013 No. 12-40896 thus not a conspiracy within the generic, contemporary meaning of the word, and it cannot support the enhancement. Moniet-Wong correctly concedes that his argument is foreclosed by United States v. Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012), cert. denied, 133 S. Ct. 2044 (2013), but he raises it to preserve it for further possible review. AFFIRMED. 2

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