United States v. Walter Escobar-Mendoza

Case: 14-40796 Document: 00512946936 Page: 1 Date Filed: 02/24/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 14-40796 February 24, 2015 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. WALTER ERNESTO ESCOBAR-MENDOZA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-112-1 Before DAVIS, ELROD, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Walter Ernesto Escobar- Mendoza raises an argument that he concedes is foreclosed by United States v. Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012), 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40796 Document: 00512946936 Page: 2 Date Filed: 02/24/2015 No. 14-40796 trafficking offense. The unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2