United States v. Hernandez-Calderon

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. 04-40046 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus VICTOR HERNANDEZ-CALDERON, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-03-CR-1281-ALL -------------------- Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Victor Hernandez- Calderon concedes that the arguments raised are foreclosed by circuit precedent but seeks to preserve them for further review. The Government has moved for summary affirmance in lieu of filing an appellee’s brief. The motion 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.