IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 20, 2009
No. 09-50292
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MICHAEL JOSEPH MCKINLEY,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:08-CR-189-1
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Michael Joseph McKinley
raises arguments that are foreclosed by United States v. Beydoun, 469 F.3d 102,
108 (5th Cir. 2006), which held that there is no violation of rights under the
Confrontation Clause when hearsay testimony is used at sentencing. The
Government’s motion for summary affirmance is GRANTED, and the judgment
of the district court is AFFIRMED.
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 09-50292
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