Case: 13-10491 Document: 00512597374 Page: 1 Date Filed: 04/16/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-10491 April 16, 2014
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JANICE EDWINA DEMMITT,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:11-CR-27-2
Before PRADO, ELROD, and HAYNES, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Janice Edwina Demmitt
again challenges the admission of the factual resume of Timothy Fry. She
correctly concedes that this argument is foreclosed under the law of the case
doctrine and asserts that she raises the issue only to preserve it for further
review. See United States v. Agofsky, 516 F.3d 280, 283 (5th Cir. 2008).
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-10491 Document: 00512597374 Page: 2 Date Filed: 04/16/2014
No. 13-10491
Accordingly, the 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