U.S. v. Andrade-Castaneda

Full title: UNITED STATES of America, Plaintiff-Appellee v. Damacio ANDRADE-CASTANEDA…

Court: United States Court of Appeals, Fifth Circuit

Date published: Dec 5, 2007

256 F. App'x 731 (5th Cir. 2007)

Opinion

No. 07-10237. Conference Calendar.

December 5, 2007.

Tamara Lynn Reno, U.S. Attorney's Office Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Lars Robert Isaacson, Bennett, Weston Lajone, Dallas, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 3:03-CR-295-1.

Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Appealing the Judgment in a Criminal Case following remands for resentencing, Damacio Andrade-Castaneda raises arguments that are foreclosed by the law of the case doctrine. See United States v. Matthews, 312 F.3d 652, 657 (5th Cir. 2002) (holding that under the law of the case doctrine, an issue of fact or law decided on appeal may not be reexamined by the appellate court on a subsequent appeal). The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.