United States v. Diaz , 326 F. App'x 841 ( 2009 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 16, 2009
No. 08-10877
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
PETE DIAZ
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:08-CR-1-2
Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Pete 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 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should not be published and is not precedent except under the limited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. 08-10877
sentence. The appellant’s unopposed motion for summary disposition is
GRANTED, and the judgment of the district court is AFFIRMED.
2