USA v. Gaspar Santana-Guzman


UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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