United States v. Transito Villegas-Valdez , 429 F. App'x 427 ( 2011 )

Case: 10-20596 Document: 00511514581 Page: 1 Date Filed: 06/21/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 21, 2011
No. 10-20596
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
TRANSITO VILLEGAS-VALDEZ, also known as Transito Villegas, also known
as Transito Villegas Valdez, also known as Transito Valdez Villegas, also known
as Victor Villegas,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:10-CR-153-1
Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Transito Villegas-Valdez pleaded guilty to being illegally present in the
United States following deportation. The district court imposed a below-
guidelines sentence of 51 months in prison, taking into account the time
Villegas-Valdez had served in state custody. Villegas-Valdez appeals,
contending that the lack of a fast-track disposition program in the Houston
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-20596 Document: 00511514581 Page: 2 Date Filed: 06/21/2011
No. 10-20596
Division of the Southern District of Texas results in an unwarranted disparity
between his sentence and the sentences of those convicted in divisions and
districts having such programs. He maintains that such a disparity makes his
sentence unreasonable. As he concedes, his argument is foreclosed by our
decision in United States v. Gomez-Herrera, 523 F.3d 554, 562-63 (5th Cir. 2008),
and he raises it only to preserve it for further review. Consequently, the
judgment of the district court is AFFIRMED.
2