United States v. Espinoza-Rodriguez

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 13, 2006 Charles R. Fulbruge III No. 05-20440 Clerk Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JESUS ESPINOZA-RODRIGUEZ, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 4:05-CR-11-ALL -------------------- Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jesus Espinoza- Rodriguez raises arguments that are foreclosed by United States v. Lopez-Ortiz, 313 F.3d 225, 229-31 (5th Cir. 2002), which held that an immigration judge’s failure to inform an alien of his eligibility for discretionary waiver of removal at his removal proceeding did not render the proceeding fundamentally unfair. The Government’s motion for summary affirmance 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.