United States v. Rodriguez

Case: 09-40108 Document: 00511027049 Page: 1 Date Filed: 02/12/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 12, 2010
No. 09-40108
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ALFREDO RODRIGUEZ, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:07-CR-854-1
Before GARZA, DENNIS, and ELROD, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Alfredo Rodriguez, Jr.,
raises arguments that are foreclosed by United States v. Jimenez, 323 F.3d 320,
322 (5th Cir. 2003), which upheld the constitutionality of 18 U.S.C. § 2119 as a
valid exercise of Congress’s Commerce Clause powers. The appellant’s motion
for summary disposition is GRANTED, and the judgment of the district court is
AFFIRMED.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.