USA v. Peter Espinosa

Filing 920100624

Case: 09-11137

Document: 00511150078

Page: 1

Date Filed: 06/22/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-11137 Conference Calendar June 22, 2010 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. PETER M. ESPINOSA, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:09-CR-80-1

Before JOLLY, STEWART, and OWEN, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Peter M. Espinosa presents arguments that he concedes are foreclosed as this court has repeatedly held that a sentencing judge may find by a preponderance of the evidence all the facts necessary to the determination of a sentencing guidelines range. See, e.g., United States v. Rhine, 583 F.3d 878, 891 (5th Cir. 2009); United States v. Stevens, 487 F.3d 232, 245-46 (5th Cir. 2007); United States v. Johnson, 445 F.3d

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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

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Case: 09-11137

Document: 00511150078 Page: 2 No. 09-11137

Date Filed: 06/22/2010

793, 798 (5th Cir. 2006). The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

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