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.