United States v. Donato Santamaria

Case: 10-10225 Document: 00511450834 Page: 1 Date Filed: 04/19/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 19, 2011
No. 10-10225
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DONATO SANTAMARIA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:09-CR-169-1
Before JOLLY, OWEN, and HAYNES, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Donato Santamaria presents
arguments that he concedes are foreclosed by United States v. London, 568 F.3d
553, 564 (5th Cir. 2009), cert. denied, 131 S. Ct. 631 (2010). The Supreme Court
adopted the position advanced in London. See Abbott v. United States, 131 S. Ct.
18, 23 (2010) (holding that a defendant is subject to a mandatory, consecutive
sentence for a conviction pursuant to 18 U.S.C. § 924(c) even if the defendant
received a higher mandatory minimum on a different count of conviction). 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-10225 Document: 00511450834 Page: 2 Date Filed: 04/19/2011
No. 10-10225
Government’s motion for summary affirmance is GRANTED, its alternative
motion for an extension of time to file a brief is DENIED, and the judgment of
the district court is AFFIRMED.
2