Summary
holding that the failure to raise claims on direct appeal will not constitute ineffective assistance if the claims made by petitioner on collateral review are meritless
Summary of this case from Logan v. United StatesOpinion
No. 12-41439
06-18-2013
UNITED STATES OF AMERICA, Plaintiff-Appellee v. GUILLERMO ZAMORA-GARCIA, Defendant-Appellant
Conference Calendar
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:12-CR-410-1
Before JONES, OWEN, and GRAVES, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Guillermo Zamora-Garcia raises an argument that he concedes is foreclosed by United States v. Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012), cert. denied, 133 S. Ct. 2044 (2013), which held that the sentence enhancement provided for in U.S.S.G. § 2L1.2(b)(1)(A)(i) applies to a conviction for the federal crime of conspiracy to commit a federal drug-trafficking offense. The appellant's motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.