Opinion
No. 09-10216 Conference Calendar.
October 20, 2009.
Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney's Office, Fort Worth, TX, for Plaintiff-Appellee.
William Reagan Wynn, Kearney Wynn, Fort Worth, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:07-CR-39-2.
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
Appealing the judgment in a criminal case following a remand for resentencing, Billy Wallace 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). Even if we were to consider his arguments on the merits, they are foreclosed by United States v. Mitchell, 484 F.3d 762, 776 (5th Cir. 2007), in which we held that there is no right under the Confrontation Clause at sentencing. The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.