United States v. Constantino-Garrido ( 2009 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 18, 2009
No. 09-40142
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
CUDBERTO CONSTANTINO-GARRIDO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:08-CR-1367-ALL
Before HIGGINBOTHAM, DAVIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Cudberto Constantino-Garrido
raises arguments that he concedes are foreclosed by United States v. Mondragon-
Santiago, 564 F.3d 357, 364-65 (5th Cir. 2009), petition for cert. filed (June 24,
2009) (No. 08-11099), which held that plain error review applies to forfeited
issues of procedural reasonableness. Accordingly, the appellant’s motion for
*
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should not be published and is not precedent except under the limited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.
No. 09-40142
summary disposition is GRANTED, and the judgment of the district court is
AFFIRMED.
2