USA v. Murfery Schilb

Filing

UNPUBLISHED OPINION FILED. [09-51134 Affirmed ] Judge: JES , Judge: JLD , Judge: EBC Mandate pull date is 11/16/2010 for Appellant Murfery Lee Schilb; granting motion for summary affirmance filed by Appellee USA [6586406-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6586406-4] [09-51134]

USA v. Murfery Schilb ase: 09-51134 C

Document: 00511275259 Page: 1 Date Filed: 10/26/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-51134 C o n fe r e n c e Calendar October 26, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. M U R F E R Y LEE SCHILB, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Western District of Texas U S D C No. 5:08-CR-938-1

B e fo r e SMITH, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* A p p e a lin g the judgment in a criminal case, Murfery Lee Schilb presents a n argument that he concedes is foreclosed by United States v. Whaley, 577 F.3d 2 5 4 , 258-61 (5th Cir. 2009), in which this court rejected constitutional challenges t o the Sex Offender Registration and Notification Act. T h e Government's motion for summary affirmance is GRANTED, its a lt e r n a t iv e motion for an extension of time is DENIED, and the judgment of the d is t r ic t court is AFFIRMED.
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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