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* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. United States Court of Appeals Fifth Circuit FILED October 21, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 04-50453 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROBERTO AVINA-ROMERO, also known as Carlos E. Hernandez, also known as Roberto Guerrero-Romero, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 3:03-CR-2150-ALL-PRM Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Roberto AvinaRomero concedes that the arguments raised are foreclosed by circuit precedent but seeks to preserve them for further review.
The Government has moved for summary affirmance in lieu of filing an appelleeÂ’s brief. The motion is GRANTED, and the judgment of the district court is AFFIRMED.
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