U.S. v. Rodriguez

Full title: UNITED STATES of America, Plaintiff-Appellee v. Alfredo RODRIGUEZ, Jr.…

Court: United States Court of Appeals, Fifth Circuit

Date published: Feb 12, 2010

365 F. App'x 558 (5th Cir. 2010)

Opinion

No. 09-40108 Conference Calendar.

February 12, 2010.

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

Marjorie A. Meyers, Federal Public Defender, Timothy William Crooks, Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for 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:[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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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.