USA v. Alberto Valencia-Mosquera, No. 12-41203 (5th Cir. 2013)

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Case: 12-41203 Document: 00512286356 Page: 1 Date Filed: 06/25/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-41203 Summary Calendar June 25, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALBERTO VALENCIA-MOSQUERA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-902-1 Before SMITH, PRADO, and HIGGINSON, Circuit Judges. PER CURIAM:* Having appealed his 46-month prison sentence for illegal reentry following deportation, Alberto Valencia-Mosquera now moves this court for summary disposition. He correctly concedes that the argument he raises 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 a federal conviction for conspiracy to commit a drug trafficking offense supports an offense level adjustment under U.S.S.G. § 2L1.2(b)(1)(A)(i). He raises the issue to preserve * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41203 Document: 00512286356 Page: 2 Date Filed: 06/25/2013 No. 12-41203 it for further review by the Supreme Court. The motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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