USA v. Constantino-Garrido, No. 09-40142 (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. 09-40142 Conference Calendar August 18, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CUDBERTO CONSTANTINO-GARRIDO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-1367-ALL Before HIGGINBOTHAM, DAVIS, and CLEMENT, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Cudberto Constantino-Garrido raises arguments that he concedes are foreclosed by United States v. MondragonSantiago, 564 F.3d 357, 364-65 (5th Cir. 2009), petition for cert. filed (June 24, 2009) (No. 08-11099), which held that plain error review applies to forfeited issues of procedural reasonableness. Accordingly, the appellant s motion for * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR.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. 09-40142 summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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