USA v. Vasquez-Diaz, (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals

Fifth Circuit

FILED

August 18, 2009

No. 08-20728

Conference Calendar Charles R. Fulbruge III

Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ANGEL VASQUEZ-DIAZ, also known as Luis Vasquez, also known as Angel

Diaz-Vasquez, also known as Angel Diaz Vasquez, also known as Luis Angel

Vasquez-Davila, also known as Angel Vasquez,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:08-CR-93-ALL

Before HIGGINBOTHAM, DAVIS, and CLEMENT, Circuit Judges.

PER CURIAM:* Appealing the judgment in a criminal case, Angel Vasquez-Diaz raises arguments that he concedes are foreclosed by United States v. Mondragon- Santiago, 564 F.3d 357, 364-65 (5th Cir. 2009), petition for cert. filed (June 24, 2009) (No. 08-11099), which held that plain error review applies to forfeited issues of procedural reasonableness. Accordingly, the appellant's motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

* Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4.

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