USA v. Alberto Garcia-Romero, No. 10-41170 (5th Cir. 2011)

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Case: 10-41170 Document: 00511515452 Page: 1 Date Filed: 06/21/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-41170 Conference Calendar June 21, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALBERTO ARMANDO GARCIA-ROMERO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 6:10-CR-20-1 Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Alberto Armando GarciaRomero presents an argument challenging his sentence on the grounds of double counting that he concedes is foreclosed by United States v. Calbat, 266 F.3d 358, 364 (5th Cir. 2001). See United States v. Duarte, 569 F.3d 528, 529-31 (5th Cir. 2009). The Government s motion for summary affirmance is GRANTED, the Government s alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

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