Conference Calendar UNITED STATES OF AMERICA v. Luis Carlos Escajeda

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-51374
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
LUIS CARLOS ESCAJEDA
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-2306-ALL
Before JOLLY, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Luis Carlos Escajeda raises
arguments that are foreclosed by Irizarry v. United States, 128 S. Ct. 2198, 2203-
04 (2008), which held that the district court is not required to provide notice
prior to sentencing of its sua sponte intention to impose a sentence that is a
variance from the recommended sentencing guidelines range. See United States
v. Mejia-Huerta, 480 F.3d 713, 723 (5th Cir. 2007), cert. denied, ___ S. Ct. ___,
United States Court of Appeals
Fifth Circuit
F I L E D
July 9, 2008
Charles R. Fulbruge III
Clerk

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No. 07-51374
2
2008 WL 2484735 (June 23, 2008). The Government’s motion for summary
affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

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