USA v. Delbert Bustos


UNPUBLISHED OPINION FILED. [10-10133 Affirmed] Judge: JES , Judge: JLD , Judge: EBC. Mandate pull date is 11/16/2010 for Appellant Delbert Bustos; granting motion for summary affirmance filed by Appellee USA [6581391-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6581391-3] [10-10133]

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USA v. Delbert Bustosase: 10-10133 C Document: 00511275090 Page: 1 Date Filed: 10/26/2010 Doc. 0 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 10-10133 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. D E L B E R T BUSTOS, 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 Southern District of Texas U S D C No. 4:09-CR-104-1 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, Delbert Bustos presents a r g u m e n t s that he concedes are foreclosed by United States v. Brown, 920 F.2d 1 2 1 2 , 1216-17 (5th Cir. 1991), abrogated on other grounds by United States v. C a n d ia , 454 F.3d 468, 472-73 (5th Cir. 2006), which held that a district court m a y order a term of imprisonment to run consecutively with an unimposed state s e n te n c e . The Government's motion for summary affirmance is GRANTED, its 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 10-10133 Document: 00511275090 Page: 2 Date Filed: 10/26/2010 No. 10-10133 a lt e r n a t iv e motion for an extension of time to file a brief is DENIED, and the ju d g m e n t of the district court is AFFIRMED. 2

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