United States v. Martinez , 115 F. App'x 285 ( 2004 )


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  •                                                        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
    Clerk
    No. 04-50850
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    VICTOR HUGO MARTINEZ,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 6:03-CR-257-5
    --------------------
    Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
    PER CURIAM:*
    Appealing the Judgment in a Criminal Case, Victor Hugo
    Martinez raises arguments that are foreclosed by United States v.
    Pineiro, 
    377 F.3d 464
    , 465-66 (5th Cir. 2004), petition for cert.
    filed (U.S. July 14, 2004) (No. 04-5263), which held that Blakely
    v. Washington, 
    124 S. Ct. 2531
     (2004), does not apply to the
    United States Sentencing Guidelines.   The Government’s motion for
    summary affirmance is GRANTED, 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    this opinion should not be published and is not precedent except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.
    

Document Info

Docket Number: 04-50850

Citation Numbers: 115 F. App'x 285

Judges: Clement, DeMOSS, King, Per Curiam

Filed Date: 12/17/2004

Precedential Status: Non-Precedential

Modified Date: 8/2/2023