USA v. Jose Gonzalez

Filing

UNPUBLISHED OPINION FILED. [10-50231 Affirmed, 10-50238 Affirmed ] Judge: EGJ , Judge: EMG , Judge: CES. Mandate pull date is 01/19/2011 for Appellant Jose Andres Gonzalez; granting motion for summary affirmance filed by Appellee USA [6610461-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6610461-3] [10-50231, 10-50238]

USA v. Jose Gonzalezase: 10-50231 C

Document: 00511335140 Page: 1 Date Filed: 12/29/2010

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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 . 10-50231 S u m m a r y Calendar December 29, 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. J O S E ANDRES GONZALEZ, D e fe n d a n t -A p p e lla n t c o n s . w/ No. 10-50238 U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. J O S E ANDRES GONZALEZ, also known as Jose Andrew Gonzalez, Jr., D e fe n d a n t -A p p e lla n t

A p p e a ls from the United States District Court fo r the Western District of Texas U S D C No. 1:09-CR-641-1 U S D C No. 1:08-CR-98-1

B e fo r e JOLLY, GARZA and STEWART, Circuit Judges. P E R CURIAM:*

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Case: 10-50231 Document: 00511335140 Page: 2 Date Filed: 12/29/2010 No. 10-50231 c /w No. 10-50238 J o s e Andres Gonzalez was convicted following entry of a guilty plea to a c h a r g e of illegal reentry following removal and was sentenced to a sentence of 1 8 months of imprisonment. Gonzalez's supervised release was revoked, and he w a s sentenced to serve 24 months of imprisonment. The district court ordered t h e sentences to run consecutively to each other and to any future imprisonment t e r m imposed in a pending state case. G o n z a le z now appeals, presenting arguments that he concedes are fo r e c lo s e d by United States v. Brown, 920 F.2d 1212, 1216-17 (5th Cir. 1991), a b r o g a te d on other grounds by United States v. Candia, 454 F.3d 468, 472-73 ( 5 t h Cir. 2006), which held that a district court may order a term of im p r is o n m e n t to run consecutively with an unimposed state sentence. A c c o r d in g ly , the Government's motion for summary affirmance is GRANTED, it s alternative 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 and order revoking supervised release and im p o s in g sentence are AFFIRMED.

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