USA v. Francisco Cruz-Gonzalez

Filing 920091020

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-50353 Conference Calendar October 20, 2009 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. FRANCISCO CRUZ-GONZALEZ, also known as Juan Cruz-Castro, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 2:08-CR-981-1

Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Francisco Cruz-Gonzalez presents arguments that he concedes are foreclosed by United States v. Brown, 920 F.2d 1212, 1216-17 (5th Cir. 1991), abrogated on other grounds by United States v. Candia, 454 F.3d 468, 472-73 (5th Cir. 2006), which held that a district court may order a term of imprisonment to run consecutively with an unimposed

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR.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. 09-50353 state sentence. The Government's motion for summary affirmance is

GRANTED, and the judgment of the district court is AFFIRMED.

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