U.S. Court of Appeals for the Fifth Circuit, 2013

United States v. Alberto Valencia-Mosquera

United States v. Alberto Valencia-Mosquera
U.S. Court of Appeals for the Fifth Circuit · Decided June 26, 2013 · Smith, Prado, Higginson
532 F. App'x 557

United States v. Alberto Valencia-Mosquera

Opinion

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, — U.S. —, 133 S.Ct. 2044, 185 L.Ed.2d 902 (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)(l)(A)(i). He raises the issue to preserve it for further review by the Supreme Court. The motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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-law data current through December 31, 2025. Source: CourtListener bulk data.