United States v. Eduardo Gonzales

Case: 16-20067 Document: 00513848594 Page: 1 Date Filed: 01/25/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-20067 FILED Summary Calendar January 25, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. EDUARDO GUZMAN GONZALES, also known as Miguel Rojas, also known as El Pantera, Defendant–Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:13-CR-628-6 Before REAVLEY, OWEN, and ELROD, Circuit Judges. PER CURIAM: * Eduardo Guzman Gonzales appeals his 88-month prison sentence for conspiracy to harbor certain aliens for commercial gain and private financial advantage in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I), (A)(iii), and (B)(i). He correctly acknowledges that his as-applied Sixth Amendment challenge is foreclosed by circuit precedent. See United States v. Hernandez, 633 F.3d 370, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-20067 Document: 00513848594 Page: 2 Date Filed: 01/25/2017 No. 16-20067 374 (5th Cir. 2011). Accordingly, we GRANT his motion for summary disposition and AFFIRM the judgment of the district court. 2