United States v. Elizalde-Casares

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 21, 2004 Charles R. Fulbruge III Clerk No. 04-40448 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ISIDRO ELIZALDE-CASARES, also known as Juan Martinez, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 7:03-CR-1039-1 -------------------- Before JOLLY, JONES, and WIENER, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Isidro Elizalde- Casares 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.