USA v. Pedro Mireles-Sifuente


UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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