Case: 21-40057 Document: 00515950777 Page: 1 Date Filed: 07/23/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 23, 2021
No. 21-40057
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Maria Vargas-Luna,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:19-CR-2111-2
Before Davis, Stewart, and Dennis, Circuit Judges.
Per Curiam:*
Appealing the judgment in a criminal case, Maria Vargas-Luna
challenges her within-guidelines sentence of 108 months of imprisonment for
conspiring to possess with intent to distribute five kilograms or more of
cocaine. As the sole issue on appeal, Vargas-Luna contends that the sentence
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-40057 Document: 00515950777 Page: 2 Date Filed: 07/23/2021
No. 21-40057
violates her Sixth Amendment rights because its reasonableness depends
upon facts found by the district court that were not admitted by her or proven
to a jury beyond a reasonable doubt. She concedes that her argument is
foreclosed and moves for summary disposition.
Vargas-Luna is correct that the issue is foreclosed. See United States
v. Hernandez, 633 F.3d 370, 373-74 (5th Cir. 2011). Thus, summary
disposition is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d
1158, 1162 (5th Cir. 1969).
Accordingly, the motion for summary disposition is GRANTED,
and the judgment of the district court is AFFIRMED.
2