USA vs. Sanchez-Carrasco, (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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. United States Court of Appeals Fifth Circuit FILED December 17, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 03-50621 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JORGE SANCHEZ-CARRASCO, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. P-02-CR-00250-ALL Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM: * Relying on Blakely v. Washington , 124 S. Ct. 2531 (2004), Jorge Sanchez-Carrasco argues that the district court erred by imposing a sentence based on facts that were neither admitted nor found by a jury beyond reasonable doubt. The Government has moved for summary affirmance in lieu of filing an appelleeÂ’s brief because the issue is foreclosed in this circuit under United States v. Pineiro , 377 F.3d 464 (5th Cir. 2004), petition for cert. filed (U.S. July 14, 2004) (No. 04-5263). The issue is indeed foreclosed. See Pineiro , 377 F.3d at 473. Accordingly, the GovernmentÂ’s motion is GRANTED, and the judgment of the district court is AFFIRMED.
No. 03-50621
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