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

FILED December 15, 2009 No. 09-50517 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE LUIS RODRIGUEZ-MENA,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 2:08-CR-911-1

Before KING, JOLLY, and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Jose Luis Rodriguez-Mena presents arguments that he concedes are foreclosed by United States v. Brown,

(5th Cir. 1991), abrogated on other grounds by United States v. Candia,

(5th Cir. 2006), which held that a district court may order a term of imprisonment to run consecutively to an unimposed state sentence. The Government’s motion for summary affirmance 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.