United States v. Diaz

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 6, 2008
No. 08-10305
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JULIAN MORENO DIAZ, also known as Julian Moreno, also known as Little
Taz
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:07-CR-61-ALL
Before HIGGINBOTHAM, STEWART, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Julian Moreno Diaz 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 state
*
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should not be published and is not precedent except under the limited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. 08-10305
sentence. The Government’s motion for summary affirmance is GRANTED, and
the judgment of the district court is AFFIRMED.
2