U.S. v. Sardin

Full title: UNITED STATES of America, Plaintiff-Appellee v. Derrick Anthony SARDIN…

Court: United States Court of Appeals, Fifth Circuit

Date published: Oct 3, 2007

249 F. App'x 378 (5th Cir. 2007)

Opinion

No. 07-10411 Conference Calendar.

October 3, 2007.

Alan M. Buie, U.S. Attorney's Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

James Warren St. John, Fort Worth, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:06-CR-164.

Before JOLLY, DAVIS, and WIENER, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Appealing the Judgment in a Criminal Case, Derrick Anthony Sardin raises arguments that are foreclosed by United States v. Beydoun, 469 F.3d 102, 108 (5th Cir. 2006), which held that there is no Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004) violation when hearsay testimony is used at sentencing, rather than at trial. The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.