United States v. Jesus Salas, Jr. , 429 F. App'x 425 ( 2011 )

Case: 10-11171 Document: 00511514950 Page: 1 Date Filed: 06/21/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 21, 2011
No. 10-11171
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JESUS SALAS, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:04-CR-72-1
Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Jesus Salas, Jr., presents
arguments that he concedes are foreclosed by United States v. Shabazz, 633 F.3d
342, 345-46 (5th Cir. 2011), which held that the phrase “on any such revocation”
in 18 U.S.C. § 3583(e)(3) does not impose an aggregate limit on imprisonment for
revocation of supervised release but limits only the amount of imprisonment that
may be imposed each time a court revokes a defendant’s supervised release. He
raises the arguments solely to preserve them for further review. The
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-11171 Document: 00511514950 Page: 2 Date Filed: 06/21/2011
No. 10-11171
Government’s motion for summary affirmance is GRANTED, its alternative
motions to dismiss and for an extension of time to file a brief are DENIED, and
the judgment of the district court is AFFIRMED.
2