U.S. v. Gaspari-Corona

Full title: UNITED STATES of America, Plaintiff-Appellee v. Ismael GASPARI-CORONA…

Court: United States Court of Appeals, Fifth Circuit

Date published: Apr 19, 2011

423 F. App'x 375 (5th Cir. 2011)

Opinion

No. 09-20531 Conference Calendar.

April 19, 2011.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A Meyers, Federal Public Defender, Sarah Beth Landau, Assistant Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:08-CR-509-1.

Before JOLLY, OWEN, and HAYNES, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Ismael Gaspari-Corona presents arguments that he concedes are foreclosed by United States v. London, 568 F.3d 553, 564 (5th Cir. 2009), cert. denied, ___ U.S. ___, 131 S.Ct. 631, 178 L.Ed.2d 507 (2010). The Supreme Court adopted the position, advanced in London See Abbott v. United States, ___ U.S. ___, 131 S.Ct. 18, 23, 178 L.Ed.2d 348 (2010) (holding that a defendant is subject to a mandatory, consecutive sentence for a conviction pursuant to 18 U.S.C. § 924(c) even if the defendant received a higher mandatory minimum on a different count of conviction). The appellant's unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.