Case: 12-41155 Document: 00512282223 Page: 1 Date Filed: 06/20/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 20, 2013
No. 12-41155
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
EDWIN ESTRADA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-835-1
Before KING, CLEMENT, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Edwin Estrada raises an
argument that he concedes is foreclosed by United States v. Rodriguez-Escareno,
700 F.3d 751, 753-54 (5th Cir. 2012), cert. denied, 2013 WL 1313840 (Apr. 29,
2013) (No. 12-9483). In Rodriguez-Escareno, this court held that a conviction for
a federal drug trafficking offense and a conviction for the federal crime of
conspiring to commit such an offense will support a sentence enhancement
under U.S.S.G. § 2L1.2(b)(1)(A)(i). Rodriguez-Escareno, 700 F.3d at 753-54.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41155 Document: 00512282223 Page: 2 Date Filed: 06/20/2013
No. 12-41155
Estrada’s sentencing challenge is foreclosed by Rodriguez-Escareno. The motion
for summary affirmance is GRANTED, and the judgment of the district court is
AFFIRMED.
2