Filed: Mar. 27, 2009
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 27, 2009 No. 08-20358 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JULIO CESAR RODRIGUEZ-DUBERNEY, also known as Julio Cesar Duverney-Rodriguez, also known as Homereo Carmanno Rodriguez, also known as Julio Cesar Rodriguez, also known as Julio Cesar Rodriguez-Duberny Defendant-Appellant Appeal from the United States District Court f
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 27, 2009 No. 08-20358 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JULIO CESAR RODRIGUEZ-DUBERNEY, also known as Julio Cesar Duverney-Rodriguez, also known as Homereo Carmanno Rodriguez, also known as Julio Cesar Rodriguez, also known as Julio Cesar Rodriguez-Duberny Defendant-Appellant Appeal from the United States District Court fo..
More
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 27, 2009
No. 08-20358
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JULIO CESAR RODRIGUEZ-DUBERNEY, also known as Julio Cesar
Duverney-Rodriguez, also known as Homereo Carmanno Rodriguez, also known
as Julio Cesar Rodriguez, also known as Julio Cesar Rodriguez-Duberny
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:07-CR-283-ALL
Before WIENER, STEWART, AND CLEMENT, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Julio Cesar Rodriguez-Duberney pleaded guilty to
illegal reentry after deportation. On appeal, Rodriguez-Duberney challenges the
district court’s characterization of his prior conviction under the Travel Act, 18
U.S.C. § 1952, as a drug trafficking offense for sentencing purposes. In United
States v. Rodriguez-Duberney,
326 F.3d 613, 616-18 (5th Cir. 2003), we held that
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
No. 08-20358
Rodriguez-Duberney’s prior conviction warranted a 16-level enhancement under
U.S.S.G. § 2L1.2. Rodriguez-Duberney asserts that this prior decision is flawed
because we relied upon the charge alleged in a dismissed indictment rather than
the information to which he pleaded guilty. He also maintains that the ruling
in Rodriguez-Duberney has been called into question by subsequent case law
holding that transportation of narcotics does not generally constitute a drug
trafficking offense. A panel of this court may not overrule a prior panel’s
decision in the absence of intervening contrary or superseding authority. United
States v. Rodriguez-Jaimes,
481 F.3d 283, 288 (5th Cir. 2007).
The government’s motion for summary affirmance is GRANTED, and its
alternative motion for an extension of time to file a brief is DENIED. The
judgment of the district court is
AFFIRMED.
2