423 F. App'x 375

UNITED STATES of America, Plaintiff-Appellee v. Ismael GASPARI-CORONA, also known as Ismael Gaspari Corona, also known as Ismael Gaspar-Corona, also known as Ismael Gasperi-Corona, Defendant-Appellant.

No. 09-20531

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 19, 2011.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Sarah Beth Landau, Assistant Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

Appealing the judgment in a criminal case, Ismael Gaspari-Corona presents arguments that he concedes are foreclosed by United States v. London, 568 F.3d 553, 564 (5th Cir.2009), cert. denied, — U.S. *376-, 131 S.Ct. 631, 178 L.Ed.2d 507 (2010). The Supreme Court adopted the position advanced in London. See Abbott v. United States, — U.S.-,-, 131 S.Ct. 18, 23, 178 L.Ed.2d 348 (2010) (holding that a defendant is subject to a mandatory, consecutive sentence for a conviction pursuant to 18 U.S.C. § 924(c) even if the defendant received a higher mandatory minimum on a different count of conviction). The appellant’s unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

United States v. Gaspari-Corona
423 F. App'x 375

Case Details

Name
United States v. Gaspari-Corona
Decision Date
Apr 19, 2011
Citations

423 F. App'x 375

Jurisdiction
United States

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