USA v. Torres

Filing 920060714


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United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT F I L E D July 13, 2006 Charles R. Fulbruge III Clerk No. 06-40147 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KATHY TORRES, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 1:05-CR-674 -------------------Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Kathy Torres raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir. 2000), which held that Apprendi v. New Jersey, 530 U.S. 466 (2000), did not render 21 U.S.C. 841 unconstitutional on its face, and by United States v. Riascos-Cuenu, 428 F.3d 1100, 1101-02 (5th Cir. 2005), petition for cert. filed (Jan. 9, 2006) (No. 05-8662). which held that a challenge to the district court's order requiring the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-40147 -2defendant to cooperate in the collection of a DNA sample as a condition of supervised release is not ripe for review on direct appeal. GRANTED. JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART. The Government's motion for summary affirmance is

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