United States v. Galicia-Cruz

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 11, 2007 Charles R. Fulbruge III Clerk No. 07-40307 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus IGNACIO GALICIA-CRUZ, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:06-CR-287-1 -------------------- Before JOLLY, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Ignacio Galicia- Cruz raises arguments that are foreclosed by United States v. Mejia-Huerta, 480 F.3d 713, 723 (5th Cir. 2007), petition for cert. filed, 75 U.S.L.W. 3585 (U.S. Apr. 18, 2007) (No. 06-1381), which held that the district court is not required to provide notice prior to sentencing of its sua sponte intention to impose a non-Guidelines sentence. The appellant’s motion for summary * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-40307 -2- disposition is GRANTED, and the judgment of the district court is AFFIRMED.