USA v. Pedro Mireles-Sifuente

Filing

UNPUBLISHED OPINION FILED. [11-40625 Affirmed ] Judge: FPB , Judge: JLD , Judge: LHS Mandate pull date is 11/14/2011 for Appellant Pedro Mireles-Sifuentes; granting motion for summary affirmance filed by Appellee USA [6865354-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6865354-3] [11-40625]

Case: 11-40625

Document: 00511640101

Page: 1

Date Filed: 10/21/2011

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 11-40625
Conference Calendar

October 21, 2011
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
PEDRO MIRELES-SIFUENTES,
Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:11-CR-185-1

Before BENAVIDES, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Pedro Mireles-Sifuentes
presents an argument challenging his sentence on the grounds of double
counting that he concedes is foreclosed by United States v. Calbat, 266 F.3d 358,
364 (5th Cir. 2001), and United States v. Box, 50 F.3d 345, 359 (5th Cir. 1995).
See United States v. Duarte, 569 F.3d 528, 529-31 (5th Cir. 2009). Accordingly,
the Government’s motion for summary affirmance is GRANTED, its alternative

*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40625

Document: 00511640101

Page: 2

Date Filed: 10/21/2011

No. 11-40625
motion for an extension of time to file a brief is DENIED, and the judgment of
the district court is AFFIRMED.

2