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United States v. Andrade-Castaneda, 07-10237 (2007)

Court: Court of Appeals for the Fifth Circuit Number: 07-10237 Visitors: 10
Filed: Dec. 05, 2007
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 5, 2007 No. 07-10237 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. DAMACIO ANDRADE-CASTANEDA Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:03-CR-295-1 Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case fol
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          IN THE UNITED STATES COURT OF APPEALS
                   FOR THE FIFTH CIRCUIT United States Court of Appeals
                                                  Fifth Circuit

                                                                   FILED
                                                                 December 5, 2007
                                No. 07-10237
                             Conference Calendar             Charles R. Fulbruge III
                                                                     Clerk

UNITED STATES OF AMERICA

                                            Plaintiff-Appellee

v.

DAMACIO ANDRADE-CASTANEDA

                                            Defendant-Appellant


                 Appeal from the United States District Court
                      for the Northern District of Texas
                           USDC No. 3:03-CR-295-1


Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges.
PER CURIAM:*
      Appealing the Judgment in a Criminal Case following remands for
resentencing, Damacio Andrade-Castaneda raises arguments that are foreclosed
by the law of the case doctrine. See United States v. Matthews, 
312 F.3d 652
, 657
(5th Cir. 2002) (holding that under the law of the case doctrine, an issue of fact
or law decided on appeal may not be reexamined by the appellate court on a




      *
      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should not be published and is not precedent except under the limited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.
                             No. 07-10237

subsequent appeal). The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.




                                   2

Source:  CourtListener

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