United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS August 18, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-41730
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SIMON GARZA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-03-CR-662-1
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Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Simon Garza
concedes that the arguments raised relating to 21 U.S.C. §§ 841
and 846 are foreclosed by circuit precedent but seeks to preserve
them for further review. Garza also requests that this court
remand the case to the district court for the limited purpose of
correcting the judgment under FED. R. CRIM. P. 36 to reflect that
Garza pleaded guilty to count two of the indictment and that 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that this opinion should not be published and is not precedent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.
No. 03-41730
-2-
district court granted the Government’s motion to dismiss count
one of the indictment.
The Government has moved for summary affirmance in lieu of
filing an appellee’s brief. The Government also joins in Garza’s
request that we remand the case to the district court for the
limited purpose of correcting the judgment as noted above. The
Government’s motion for summary affirmance is GRANTED, and the
decision of the district court is AFFIRMED. We also REMAND to
the district court with an instruction to correct the judgment
pursuant to FED. R. CRIM. P. 36 to reflect that Garza pleaded
guilty to count two of the indictment and that the district court
granted the Government’s motion to dismiss count one of the
indictment.
MOTION GRANTED; AFFIRMED and REMANDED with instruction.