United States v. Fortia

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 24, 2024
• Docket: 23-30873
• Status: Unpublished

Opinion

Case: 23-30873 Document: 51-1 Page: 1 Date Filed: 07/24/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-30873 Summary Calendar FILED ____________ July 24, 2024 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Jawan Fortia,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:14-CR-131-4 ______________________________

Before Graves, Willett, and Wilson, Circuit Judges. Per Curiam: * Jawan Fortia was convicted of numerous crimes related to his participation in a New Orleans street gang. On appeal, we vacated one conviction, affirmed the others, vacated the sentence on his drug-trafficking- conspiracy conviction, and remanded for resentencing. See United States v. McClaren, 13 F.4th 386, 418–19 (5th Cir. 2021). The district court

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-30873 Document: 51-1 Page: 2 Date Filed: 07/24/2024

No. 23-30873

resentenced Fortia and reentered judgment. He now appeals that judgment but rightly concedes that his arguments are foreclosed by the law-of-the-case doctrine. See United States v. Agofsky, 516 F.3d 280, 283 (5th Cir. 2008). Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Fortia’s unopposed motion for summary disposition is GRANTED, and the district court’s judgment is AFFIRMED.