USA v. Herman Scott, No. 10-20097 (5th Cir. 2010)
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Case: 10-20097 Document: 00511150267 Page: 1 Date Filed: 06/22/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-20097 Conference Calendar June 22, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HERMAN SCOTT, also known as Herman Condo, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:09-CR-166-1 Before JOLLY, STEWART, and OWEN, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Herman Scott raises arguments that he concedes are foreclosed by United States v. Lopez-Ortiz, 313 F.3d 225, 229-31 (5th Cir. 2002), which held that an immigration judge s failure to inform an alien of his eligibility for discretionary waiver of removal at his removal proceeding did not render the proceeding fundamentally unfair. See Romero-Rodriguez v. Gonzales, 488 F.3d 672, 677 n.5 (5th Cir. 2007). The appellant s unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
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