USA v. Donato Santamaria, No. 10-10225 (5th Cir. 2011)

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Case: 10-10225 Document: 00511450834 Page: 1 Date Filed: 04/19/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-10225 Conference Calendar April 19, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DONATO SANTAMARIA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:09-CR-169-1 Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Donato Santamaria presents arguments that he concedes are foreclosed by United States v. London, 568 F.3d 553, 564 (5th Cir. 2009), cert. denied, 131 S. Ct. 631 (2010). The Supreme Court adopted the position advanced in London. See Abbott v. United States, 131 S. Ct. 18, 23 (2010) (holding that a defendant is subject to a mandatory, consecutive sentence for a conviction pursuant to 18 U.S.C. § 924(c) even if the defendant received a higher mandatory minimum on a different count of conviction). The * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-10225 Document: 00511450834 Page: 2 Date Filed: 04/19/2011 No. 10-10225 Government s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2

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