U.S. v. Borja-Estrada

Full title: UNITED STATES of America, Plaintiff-Appellee v. Emilio BORJA-ESTRADA…

Court: United States Court of Appeals, Fifth Circuit

Date published: Mar 16, 2011

418 F. App'x 322 (5th Cir. 2011)

Opinion

No. 10-40840 Summary Calendar.

March 16, 2011.

Carmen Castillo Mitchell, Assistant U.S. Attorney, James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Larry Chris lies, Corpus Christi, TX, for 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:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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 GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.