Filed: Aug. 07, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 15-40068 Document: 00513146700 Page: 1 Date Filed: 08/07/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40068 Summary Calendar United States Court of Appeals Fifth Circuit FILED August 7, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. LUIS ALDOLFO MAZAREGO-SALAZAR, also known as David L. Nazarego, also known as Luis Diaz, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:13-CR-11
Summary: Case: 15-40068 Document: 00513146700 Page: 1 Date Filed: 08/07/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40068 Summary Calendar United States Court of Appeals Fifth Circuit FILED August 7, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. LUIS ALDOLFO MAZAREGO-SALAZAR, also known as David L. Nazarego, also known as Luis Diaz, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:13-CR-119..
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Case: 15-40068 Document: 00513146700 Page: 1 Date Filed: 08/07/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40068
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
August 7, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
LUIS ALDOLFO MAZAREGO-SALAZAR, also known as David L. Nazarego,
also known as Luis Diaz,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:13-CR-1190-1
Before ELROD, SOUTHWICK, and GRAVES, Circuit Judges.
PER CURIAM: *
Luis Aldolfo Mazarego-Salazar was convicted of one count of being found
in the United States after deportation and was sentenced, on remand, to serve
65 months in prison. Now, he reurges the claim we rejected in his first appeal
concerning the propriety of the district court’s assessment of a 16-level
adjustment to his base offense level in accordance with U.S.S.G.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40068 Document: 00513146700 Page: 2 Date Filed: 08/07/2015
No. 15-40068
§ 2L1.2(b)(1)(A)(ii). See United States v. Mazarego-Salazar, 590 F. App’x 345,
347 (5th Cir. 2014). He argues now, as he did then, that imposition of the
disputed adjustment was improper because the documents offered in support
of it were insufficient to establish the statutory subsection governing his
conviction. See
id. He concedes that this argument is barred by the law of the
case doctrine and raises it only to preserve it for possible further review.
“Generally, the law of the case doctrine precludes reexamination by the
appellate court on a subsequent appeal of an issue of law or fact decided on a
previous appeal.” United States v. Agofsky,
516 F.3d 280, 283 (5th Cir. 2008).
Mazarego-Salazar’s challenge to his sentence is barred by this doctrine. See
id.
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 district court’s judgment is AFFIRMED.
2