United States v. Francisco Nunez-Chavez

Case: 13-41225 Document: 00512750846 Page: 1 Date Filed: 08/29/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-41225 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 29, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. FRANCISCO NUNEZ-CHAVEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:13-CR-1111-1 Before CLEMENT, PRADO, and ELROD, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Francisco Nunez-Chavez 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, 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. The unopposed motion * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-41225 Document: 00512750846 Page: 2 Date Filed: 08/29/2014 No. 13-41225 for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2