USA v. Escajeda

Filing 920080709


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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-51374 Conference Calendar July 9, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. LUIS CARLOS ESCAJEDA Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-2306-ALL Before JOLLY, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Luis Carlos Escajeda raises arguments that are foreclosed by Irizarry v. United States, 128 S. Ct. 2198, 220304 (2008), which held that the district court is not required to provide notice prior to sentencing of its sua sponte intention to impose a sentence that is a variance from the recommended sentencing guidelines range. See United States v. Mejia-Huerta, 480 F.3d 713, 723 (5th Cir. 2007), cert. denied, ___ S. Ct. ___, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-51374 2008 WL 2484735 (June 23, 2008). The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2

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