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U.S. v. Santamaria

United States Court of Appeals, Fifth Circuit
Apr 19, 2011
422 F. App'x 368 (5th Cir. 2011)

Opinion

No. 10-10225 Conference Calendar.

April 19, 2011.

Suzanna Odette Etessam, Assistant U.S. Attorney, U.S. Attorney's Office, Dallas, TX, for Plaintiff-Appellee.

William Reynolds Biggs, Assistant Federal Public Defender, Laura S. Harper, Esq., Assistant Federal Public Defender, Federal Public Defender's Office, Dallas, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 3:09-CR-169-1.

Before JOLLY, OWEN, and HAYNES, Circuit Judges.


Appealing the judgment in a criminal case, Donato Santamaria 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 Government's motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.


Summaries of

U.S. v. Santamaria

United States Court of Appeals, Fifth Circuit
Apr 19, 2011
422 F. App'x 368 (5th Cir. 2011)
Case details for

U.S. v. Santamaria

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee v. Donato SANTAMARIA…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 19, 2011

Citations

422 F. App'x 368 (5th Cir. 2011)