United States v. Altschul ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 17, 2004
Charles R. Fulbruge III
No. 04-40285 Clerk
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TODD W. ALTSCHUL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:02-CR-137-ALL
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Following a jury trial, Todd W. Altschul was convicted of
five counts of mail fraud and sentenced to serve 87 months in
prison and a three-year term of supervised release. Altschul
argues that his sentence violates the principles enunciated in
Blakely v. Washington, 124 S. Ct. 2531, 2537 (2004). This
argument is foreclosed by United States v. Pineiro, 377 F.3d 464(5th Cir. 2004), petition for cert. filed (U.S. July 14, 2004)
(No. 04-5263). All outstanding motions are DENIED, and the
judgment of the district court is AFFIRMED.
*
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this opinion should not be published and is not precedent except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.