United States v. Adalberto Terrazas-Guerrero , 429 F. App'x 416 ( 2011 )

Case: 10-51014 Document: 00511515478 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. 10-51014
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ADALBERTO TERRAZAS-GUERRERO,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:10-CR-1415-1
Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Adalberto Terrazas-Guerrero
presents arguments that he concedes are foreclosed by United States v. Gomez-
Herrera, 523 F.3d 554, 562-63 (5th Cir. 2008), which held that the disparity
between sentences of defendants who can participate in a fast-track program
and defendants who cannot is not “unwarranted” within the meaning of 18
U.S.C. § 3553(a)(6). The Government’s motion for summary affirmance is
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-51014 Document: 00511515478 Page: 2 Date Filed: 06/21/2011
No. 10-51014
GRANTED, its alternative motion for an extension of time to file a brief is
DENIED, and the judgment of the district court is AFFIRMED.
2