IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED October 20, 2009 No. 09-40358 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

SAMUEL E. BAKER, JR.,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:05-CR-705-1

Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Samuel E. Baker, Jr., raises arguments that under the law of the case doctrine are foreclosed. See United States v. Agofsky,

(5th Cir.), cert. denied,

(2008). The appellant’s unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR.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.