United States v. Lorenzo Macias-Martinez , 429 F. App'x 431 ( 2011 )

Case: 10-51051 Document: 00511515509 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. 10-51051
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
LORENZO ADRIAN MACIAS-MARTINEZ, also known as Adrian Macias-
Martinez,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:10-CR-1675-1
Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Lorenzo Adrian Macias-
Martinez 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).
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-51051 Document: 00511515509 Page: 2 Date Filed: 06/21/2011
No. 10-51051
The Government’s motion for summary affirmance is 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