USA v. Billy Wallace

Filing 920091020

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-10216 Conference Calendar October 20, 2009 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. BILLY WALLACE, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:07-CR-39-2

Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case following a remand for resentencing, Billy Wallace raises arguments that are foreclosed by the law of the case doctrine. See United States v. Matthews, 312 F.3d 652, 657 (5th Cir. 2002) (holding that under the law of the case doctrine, an issue of fact or law decided on appeal may not be reexamined by the appellate court on a subsequent appeal). Even if we were to consider his arguments on the merits, they are

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR.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

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No. 09-10216 foreclosed by United States v. Mitchell, 484 F.3d 762, 776 (5th Cir. 2007), in which we held that there is no right under the Confrontation Clause at sentencing. The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

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