USA v. Edwin Estrada, No. 12-41155 (5th Cir. 2013)

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Case: 12-41155 Document: 00512282223 Page: 1 Date Filed: 06/20/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-41155 Summary Calendar June 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EDWIN ESTRADA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-835-1 Before KING, CLEMENT, and HIGGINSON, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Edwin Estrada 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, 2013 WL 1313840 (Apr. 29, 2013) (No. 12-9483). In Rodriguez-Escareno, this court held that a conviction for a federal drug trafficking offense and a conviction for the federal crime of conspiring to commit such an offense will support a sentence enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i). Rodriguez-Escareno, 700 F.3d at 753-54. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41155 Document: 00512282223 Page: 2 Date Filed: 06/20/2013 No. 12-41155 Estrada s sentencing challenge is foreclosed by Rodriguez-Escareno. The motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2

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