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* 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that this opinion should not be published and is not precedent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
October 21, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-50129
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NOE PEREZ-RODRIGUEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-03-CR-580-1-WWE
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Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Noe Perez-
Rodriguez concedes that the arguments raised are foreclosed by
circuit precedent but seeks to preserve them for further review.
The Government has moved for summary affirmance in lieu of filing
an appellee’s brief. The motion is GRANTED, and the judgment of
the district court is AFFIRMED.
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