United States v. Rios-Cruz

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
November 9, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40098
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEOPOLDO RIOS-CRUZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:03-CR-1390-ALL
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Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Leopoldo Rios-
Cruz raises arguments that are foreclosed by United States v.
Alfaro-Hernandez, 453 F.3d 280, 282 (5th Cir. 2006), which held
that, for purposes of determining the propriety of a sentence
imposed following the revocation of the defendant’s supervised
release, where the statutes under which the defendant was
convicted did not specify the felony class, the felony
classification of the defendant’s underlying offense is
determined by the section defining the offense, not from the

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No. 06-40098
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maximum Sentencing Guidelines sentence as calculated by the
district court and applicable to the defendant. The Government’s
motion for summary affirmance is GRANTED, and the judgment of the
district court is AFFIRMED.

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