Testo completo
* 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that this opinion should not be published and is not precedent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 14, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10371
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE EFRAIN CASSIO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:02-CR-264-ALL-R
--------------------
Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jose Efrain
Cassio raises arguments that are foreclosed by United States v.
Lopez-Ortiz, 313 F.3d 225, 229-31 (5th Cir. 2002), which held
that an immigration judge’s failure to inform an alien of his
eligibility for discretionary waiver of removal at his removal
proceeding did not render the proceeding fundamentally unfair.
The Government’s motion for summary affirmance is GRANTED, and
the judgment of the district court is AFFIRMED.
-- 1 of 1 --
