Case: 12-41060 Document: 00512246755 Page: 1 Date Filed: 05/20/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 20, 2013
No. 12-41060
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
FRANCISCO CAVAZOS-SALAZAR,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-646-1
Before REAVLEY, JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Having appealed his conviction and sentence for illegal reentry following
deportation, Francisco Cavazos-Salazar now moves this court for summary
disposition. He correctly concedes that the argument he raises is foreclosed by
United States v. Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012),
petition for cert. filed, (Mar. 27, 2013) (No. 12-9483), which held that a federal
conviction for conspiracy to commit a federal drug trafficking offense will
support a sentence enhancement under United States Sentencing Guidelines
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41060 Document: 00512246755 Page: 2 Date Filed: 05/20/2013
No. 12-41060
§ 2L1.2(b)(1)(A)(i). He raises the issue to preserve it for further review by the
Supreme Court. The motion for summary affirmance is GRANTED and the
judgment of the district court is AFFIRMED.
2