United States v. Emilio Borja-Estrada , 418 F. App'x 322 ( 2011 )

Case: 10-40840 Document: 00511413539 Page: 1 Date Filed: 03/16/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 16, 2011
No. 10-40840
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
EMILIO BORJA-ESTRADA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:10-CR-277-1
Before WIENER, PRADO and OWEN, Circuit Judges.
PER CURIAM:*
Emilio Borja-Estrada appeals the sentence of 80 months of imprisonment
imposed following his guilty plea conviction for illegal reentry after deportation.
Borja-Estrada argues that the use of a prior alien smuggling conviction to both
enhance his offense level and to calculate his criminal history score constitutes
impermissible double counting. As Borja-Estrada concedes, his argument is
foreclosed by precedent. See United States v. Kings, 981 F.2d 790, 796 (5th Cir.
1993). Accordingly, the Government’s motion for summary affirmance is
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40840 Document: 00511413539 Page: 2 Date Filed: 03/16/2011
No. 10-40840
GRANTED, its alternative motion for an extension of time to file a brief is
DENIED, and the judgment of the district court is AFFIRMED.
2