USA v. Jaime Rodriguez-Moreno, No. 13-50160 (5th Cir. 2013)

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Case: 13-50160 Document: 00512419955 Page: 1 Date Filed: 10/25/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-50160 Conference Calendar October 25, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAIME RODRIGUEZ-MORENO, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:12-CR-431-1 Before JOLLY, JONES, and HIGGINSON, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Jaime Rodriguez-Moreno raises an argument that he concedes is foreclosed by United States v. RodriguezEscareno, 700 F.3d 751, 753-54 (5th Cir. 2012), cert. denied, 133 S. Ct. 2044 (2013), which held that the sentence enhancement provided for in U.S.S.G. § 2L1.2(b)(1)(A)(i) applies to a conviction for the federal crime of conspiracy to commit a federal drug-trafficking offense. Accordingly, the Government s motion for summary affirmance is GRANTED, its alternative motion for an extension * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-50160 Document: 00512419955 Page: 2 Date Filed: 10/25/2013 No. 13-50160 of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2

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