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United States v. Rafael Partida-Zaragoza
704 F. App'x 399
| 5th Cir. | 2017
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Docket

*1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: [*]

Rafael Partida-Zaragoza pleaded guilty, pursuant to a plea agreement, to conspiring to harbor an undocumented alien, in violation of 8 U.S.C. § 1324. Partida-Zaragoza’s guilty plea was conditional under Federal Rule of Criminal Procedure 11(a)(2), and he reserved the right to appeal the denial of his motion to suppress the evidence acquired during a search of a house in Laredo, Texas, that resulted in his arrest.

*2 Case: 16-41549 Document: 00514253224 Page: 2 Date Filed: 11/29/2017

No. 16-41549

Nothing materially distinguishes Partida-Zaragoza’s case from that of his codefendant, Everardo Rodriguez-Mendoza. We thus conclude that Partida-Zaragoza lacked standing to raise a Fourth Amendment challenge to the search. See United States v. Rodriguez-Mendoza , 697 F. App’x 353 (5th Cir. 2017); see also United States v. Briones-Garza , 680 F.2d 417 (5th Cir. 1982) (involving similar facts and holding that standing was lacking).

AFFIRMED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Rafael Partida-Zaragoza
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Nov 29, 2017
Citation: 704 F. App'x 399
Docket Number: 16-41549 Summary Calendar
Court Abbreviation: 5th Cir.
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