United States v. Araugo-Gutierrez

* 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this opinion should not be published and is not precedent except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
May 2, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40987
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HUGO ARAUGO-GUTIERREZ, also known as Hugo Alexander Araujo,
also known as Hugo Gomez,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:04-CR-1098-ALL
--------------------
Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Hugo Araugo-
Gutierrez raises arguments that are foreclosed by United States
v. Young, 981 F.2d 180, 187 (5th Cir. 1992), which held that
hearsay is admissible for sentencing purposes, including
corroborated out-of-court statements by unidentified confidential
informants, and thus that its admission does not violate due
process or the right to confrontation. Araugo-Gutierrez also
raises arguments that are foreclosed by United States v. Mares,

-- 1 of 2 --

No. 06-40987
-2-
402 F.3d 511, 519 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005),
which held that, after United States v. Booker, 543 U.S. 220
(2005), the sentencing court may still find all facts relevant to
sentencing by a preponderance of the evidence. The Government’s
motion for summary affirmance is GRANTED, and the judgment of the
district court is AFFIRMED.

-- 2 of 2 --