USA v. Andrade-Castaneda, No. 07-10237 (5th Cir. 2007)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-10237 Conference Calendar December 5, 2007 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. DAMACIO ANDRADE-CASTANEDA Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:03-CR-295-1 Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case following remands for resentencing, Damacio Andrade-Castaneda 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 07-10237 subsequent appeal). The Government s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2

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