United States v. Sardin

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 3, 2007 No. 07-10411 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. DERRICK ANTHONY SARDIN, also known as Xavier James Sardin Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:06-CR-164 Before JOLLY, DAVIS, and WIENER, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Derrick Anthony Sardin raises arguments that are foreclosed by United States v. Beydoun, 469 F.3d 102, 108 (5th Cir. 2006), which held that there is no Crawford v. Washington, 541 U.S. 36 (2004) violation when hearsay testimony is used at sentencing, rather than at trial. The Government's motion for summary affirmance 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.