United States v. Garcia-Vargas

* 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this opinion should not be published and is not precedent except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
December 17, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-40446
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAVIER GARCIA-VARGAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:03-CR-412-1
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Javier Garcia-Vargas pleaded guilty to unlawful possession
of an unregistered firearm and was sentenced to 30 months of
imprisonment and two years of supervised release. Garcia-Vargas
asserts that the Supreme Court’s holding in Blakely v.
Washington, 124 S. Ct. 2531 (2004), should be applied to
sentences determined under the federal sentencing guidelines. As
Garcia-Vargas concedes, this argument is foreclosed by this
court’s recent opinion in United States v. Pineiro, 377 F.3d 464,

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No. 04-40446
-2-
473 (5th Cir. 2004), petition for cert. filed (U.S. July 14,
2004) (No. 04-5263), but he raises it to preserve it for possible
further review.
AFFIRMED.

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