United States v. Alvarez ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-21084
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAUL ELIZONDO ALVAREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Louisiana
USDC No. H-92-CR-298-2
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August 25, 1999
Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges.
PER CURIAM:*
Raul Elizondo Alvarez appeals the district court’s
resentencing on the remaining counts of conviction after vacating
his 18 U.S.C. § 924(c) firearm conviction pursuant to Bailey v.
United States, 116 S. Ct. 501 (1995). He contends that the
district court was without authority to resentence him. Contrary
to Alvarez’s assertion, the district court had the authority to
resentence. United States v. Benbrook, 119 F.3d 338, 339-41 (5th
*
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that this opinion should not be published and is not precedent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.
No. 98-21084
-2-
Cir. 1997); United States v. Hernandez, 116 F.3d 725, 727-28 (5th
Cir. 1997); United States v. Rodriguez, 114 F.3d 46, 47-48 (5th
Cir. 1997).
AFFIRMED.