United States v. Garcia-Espinoza

325 F. App'x 380

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 19, 2009
• Docket: 08-10775
• Status: Unpublished

Opinions

PER CURIAM:

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Roberto Garcia-Espinoza appeals the sentence imposed following his guilty-plea conviction of illegal re-entry after deportation in violation of 8 U.S.C. § 1326. Garcia-Espinoza asserts that the district court erred when it ordered his federal sentence to run consecutively to a not-yet-imposed state sentence. Because his challenge is foreclosed by our prior precedent, we affirm the district court’s holding.¹

* ifs *

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

1 . See United States v. Brown, 920 F.2d 1212 (5th Cir. 1991), abrogated on other grounds by United States v. Candia, 454 F.3d 468, 472-73 (5th Cir.2006).