Case: 11-40820 Document: 00511824212 Page: 1 Date Filed: 04/17/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 17, 2012
No. 11-40820
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JUAN JOSE HERRERA-MONTES, also known as Hilario Arce,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:06-CR-257-1
Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Juan Jose Herrera-Montes
raises an issue that he concedes is foreclosed by United States v. Molina-Gazca,
571 F.3d 470, 474 (5th Cir. 2009), in which this court determined that pretrial
detention tolls a term of supervised release in accordance with 18 U.S.C.
§ 3624(e), “provided a conviction ultimately occurs.” The appellant’s motion for
summary disposition 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.