Case: 12-41203 Document: 00512286356 Page: 1 Date Filed: 06/25/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 25, 2013
No. 12-41203
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ALBERTO VALENCIA-MOSQUERA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-902-1
Before SMITH, PRADO, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Having appealed his 46-month prison sentence for illegal reentry following
deportation, Alberto Valencia-Mosquera 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), cert.
denied, 133 S. Ct. 2044 (2013), which held that a federal conviction for
conspiracy to commit a drug trafficking offense supports an offense level
adjustment under U.S.S.G. § 2L1.2(b)(1)(A)(i). He raises the issue to preserve
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41203 Document: 00512286356 Page: 2 Date Filed: 06/25/2013
No. 12-41203
it for further review by the Supreme Court. The motion for summary disposition
is GRANTED, and the judgment of the district court is AFFIRMED.
2