USA v. Malik Houston, No. 09-10238 (5th Cir. 2009)
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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-10238 Summary Calendar November 25, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MALIK IDIS HOUSTON, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:08-CR-209-1 Before JOLLY, WIENER, and ELROD, Circuit Judges. PER CURIAM:* Malik Idis Houston appeals from his conviction of conspiracy and using, carrying, and brandishing a firearm. He contends that he was deprived of his right to indictment by a grand jury because the elemental facts required to support a conviction based on the actions of a coconspirator, pursuant to Pinkerton v. United States, 328 U.S. 640 (1946), were not presented to a grand * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 09-10238 jury and included in the superseding indictment. The Government moves for dismissal of Houston s appeal or for summary affirmance. Houston s contention is foreclosed. See United States v. Creech, 408 F.3d 264, 273 (5th Cir. 2005). AFFIRMED. MOTION FOR DISMISSAL OR SUMMARY AFFIRMANCE DENIED. 2
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