United States v. Rafael Chairez-Ollarzabal ( 2014 )

Case: 13-40700 Document: 00512539621 Page: 1 Date Filed: 02/21/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40700
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
February 21, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
RAFAEL CHAIREZ-OLLARZABAL,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:12-CR-1065-1
Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Rafael Chairez-Ollarzabal
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, 133
S. Ct. 2044 (2013), which held that the sentence enhancement provided for in
U.S.S.G. § 2L1.2(b)(1)(A)(i) applies to a conviction for the federal crime of
conspiracy to commit a federal drug-trafficking offense. The appellant’s motion
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40700 Document: 00512539621 Page: 2 Date Filed: 02/21/2014
No. 13-40700
for summary disposition is GRANTED, and the judgment of the district court
is AFFIRMED.
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