Case: 11-41043 Document: 00511824309 Page: 1 Date Filed: 04/17/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 17, 2012
No. 11-41043
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RENE RIVAS,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:10-CR-1570-1
Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Rene Rivas raises arguments
that he concedes are foreclosed by United States v. Jimenez, 323 F.3d 320, 322
(5th Cir. 2003), which upheld the constitutionality of 18 U.S.C. § 2119 as a valid
exercise of Congress’s Commerce Clause powers. The appellant’s motion for
summary disposition 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.