Case: 13-11200 Document: 00512750572 Page: 1 Date Filed: 08/29/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-11200
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
August 29, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
BERTIN ROSALES, also known as Roberto Rosales-Garcia,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:13-CR-50-1
Before CLEMENT, PRADO, and ELROD, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Bertin Rosales raises
arguments that he concedes are foreclosed by United States v. Serfass, 684 F.3d
548, 552 (5th Cir. 2012), which held that “the [U.S.S.G.] § 2D1.1(b)(5)
sentencing enhancement applies if ‘the offense involved the importation of
amphetamine or methamphetamine’ regardless of whether the defendant had
knowledge of that importation.” The Government’s motion for summary
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-11200 Document: 00512750572 Page: 2 Date Filed: 08/29/2014
No. 13-11200
affirmance is GRANTED, its alternative motion for an extension of time to file
a brief is DENIED, and the judgment of the district court is AFFIRMED.
2