United States v. Francisco Cruz-Gonzalez

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 20, 2009
No. 09-50353
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
FRANCISCO CRUZ-GONZALEZ, also known as Juan Cruz-Castro,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:08-CR-981-1
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Francisco Cruz-Gonzalez
presents arguments that he concedes are foreclosed by United States v. Brown,
920 F.2d 1212, 1216-17 (5th Cir. 1991), abrogated on other grounds by United
States v. Candia, 454 F.3d 468, 472-73 (5th Cir. 2006), which held that a district
court may order a term of imprisonment to run consecutively with an unimposed
*
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should not be published and is not precedent except under the limited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. 09-50353
state sentence. The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.
2