U.S. Court of Appeals for the Fifth Circuit, 2017

United States v. Juan Rodriguez-Aguirre

United States v. Juan Rodriguez-Aguirre
U.S. Court of Appeals for the Fifth Circuit · Decided June 14, 2017 · Haynes, Higginbotham, Per Curiam, Prado
690 F. App'x 296

United States v. Juan Rodriguez-Aguirre

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Juan Rodriguez-Aguirre has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Rodriguez-Aguirre has filed a response.

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Rodriguez-Aguirre’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review before our panel. In his response, Rodriguez-Aguirre challenges, inter alia, the enhancement applied pursuant to U.S.S.G. § 2Ll.l(b)(7)(D) (2015) due to the death of an undocumented alien. He argues that while this circuit applies a but-for causation requirement to determine whether an offense caused a death, other circuits apply a proximate cause standard, which he contends is the proper standard. This contention is foreclosed, see United States v. Ramos-Delgado, 763 F.3d 398, 401-02 (5th Cir. 2014), but by raising the issue, Rodriguez-Aguirre has preserved it for further review.

The motion for leave to withdraw is GRANTED, counsel is excused from fur *297 ther responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.

*

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.

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