USA v. Elizz Garcia, No. 09-10797 (5th Cir. 2010)

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Case: 09-10797 Document: 00511287186 Page: 1 Date Filed: 11/08/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-10797 Summary Calendar November 8, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ELIZZ GARCIA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:09-CR-30-1 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* Defendant-Appellant Elizz Garcia appeals the sentence imposed following her guilty-plea conviction for possession of stolen mail matter, in violation of 18 U.S.C. § 1708. Garcia asserts that the district court erred when it ordered her federal sentence to run consecutively to a not-yet-imposed state sentence. The government filed motions to supplement the record on appeal and for summary affirmance. We GRANT the motion to supplement the record on appeal. Because Garcia s challenge is foreclosed by our prior precedent, we GRANT the motion for summary affirmance, and we AFFIRM the district court s judgment. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 09-10797 Document: 00511287186 Page: 2 Date Filed: 11/08/2010 No. 09-10797 See United States v. Brown, 920 F.2d 1212 (5th Cir. 1991), abrogated on other grounds by United States v. Candia, 454 F.3d 468, 472-73 (5th Cir. 2006). 2

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