USA vs. Rodriguez-Lopez, (5th Cir. 2004)
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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 04-50271 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GUSTAVO RODRIGUEZ-LOPEZ, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. A-03-CR-290-ALL-LY Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Gustavo Rodriguez-Lopez 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.
United States Court of Appeals Fifth Circuit F I L E D August 18, 2004 Charles R. Fulbruge III Clerk
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