United States v. Matamoros-Lara

* 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this opinion should not be published and is not precedent except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. 04-40226
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN FRANCISCO MATAMOROS-LARA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. V-03-CR-35-2
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Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Juan Francisco Matamoros-Lara appeals the sentence imposed
under the United States Sentencing Guidelines following his
conviction of concealing and transporting illegal aliens in
violation of 8 U.S.C. § 1324. For the first time on appeal,
Matamoros-Lara argues that he was sentenced in violation of his
Sixth Amendment right to a jury trial, as set out in Blakely v.
Washington, 124 S. Ct. 2531 (2004), and Apprendi v. New Jersey,
530 U.S. 466 (2000).

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No. 04-40226
-2-
Matamoros-Lara’s argument is foreclosed by this court’s
decision in United States v. Pineiro, 377 F.3d 464, 465-66 (5th
Cir. 2004)(holding that Blakely does not apply to the federal
sentencing guidelines), petition for cert. filed (July 14, 2004)
(No. 04-5263). Accordingly, the judgment of the district court
is AFFIRMED. Matamoros-Lara’s motion to abate the proceedings in
his case is DENIED.
AFFIRMED; MOTION DENIED.

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