USA v. Gaspar Santana-Guzman

Filing

UNPUBLISHED OPINION FILED. [16-11553 Affirmed] Judge: EGJ, Judge: JES, Judge: JEG. Mandate pull date is 05/17/2017 for Appellant Gaspar Santana-Guzman; granting motion for summary affirmance filed by Appellant Mr. Gaspar Santana-Guzman [8406371-2] [16-11553]

Case: 16-11553

Document: 00513968502

Page: 1

Date Filed: 04/26/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-11553
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
April 26, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
GASPAR SANTANA-GUZMAN,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CR-122-10
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *

Gaspar Santana-Guzman appeals his 120-month prison sentence for
conspiracy to possess with intent to distribute methamphetamine, in violation
of 21 U.S.C. § 846.

He correctly acknowledges that his as-applied Sixth

Amendment sentencing challenge is foreclosed by circuit precedent.

See

United States v. Hernandez, 633 F.3d 370, 374 (5th Cir. 2011). Accordingly,
we GRANT his motion for summary disposition and AFFIRM the judgment of
the district court.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
*