U.S. Court of Appeals for the Fifth Circuit, 2004

United States v. Ben

United States v. Ben
U.S. Court of Appeals for the Fifth Circuit · Decided December 17, 2004 · King, Demoss, Clement
115 F. App'x 275

United States v. Ben

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Gregory Ben raises arguments that are foreclosed by United States v. Pineiro, 377 F.3d 464, 465-66 (5th Cir. 2004), petition for cert. filed (U.S. July 14, 2004) (No. 04-5263), which held that Blakely v. Washington, — U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), does not apply to the United States Sentencing Guidelines. The Government’s motion for summary afSr *276 manee 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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