USA v. Carrasco-Flores

Filing 920090430

Opinion

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-10753 c/w No. 08-10854 Conference Calendar April 30, 2009 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. SERGIO CARRASCO-FLORES Defendant-Appellant

Appeals from the United States District Court for the Northern District of Texas USDC No. 6:08-CR-6-ALL

Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges. PER CURIAM:* Sergio Carrasco-Flores appeals the 24-month sentence imposed following his plea of guilty to one count of unlawful reentry in violation of 8 U.S.C. § 1326. In his sole issue on appeal, Carrasco-Flores raises arguments that are foreclosed by United States v. Gomez-Herrera, 523 F.3d 554, 557-64 (5th Cir.), cert. denied, 129 S. Ct. 624 (2008), which held that any disparity in sentencing between fasttrack and non-fast-track jurisdictions is a function of Congressional policy and

Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4.

*

No. 08-10753 c/w No. 08-10854 is not "unwarranted" under 18 U.S.C. § 3553(a)(6). Carrasco-Flores concedes as much but asserts that he wishes to preserve the issue for further review. Carrasco-Flores raised additional sentencing arguments in the district court, which he does not raise here. He also appealed the revocation of a previouslyimposed term of supervised release, and the two appeals were consolidated. As the sole issue raised in his brief pertains to the foreclosed fast-track disparity argument, he has abandoned all other issues. See United States v. Trujillo, 502 F.3d 353, 360 & n.30 (5th Cir. 2007). The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. The Government's motion to dismiss and its alternative motion for an extension of time to file a brief are DENIED as unnecessary.

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