USA v. Marquez-Mendoza

Filing 920090818

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-11094 Conference Calendar August 18, 2009 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. SERGIO MARQUEZ-MENDOZA, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:08-CR-75-ALL

Before HIGGINBOTHAM, DAVIS, and CLEMENT, Circuit Judges. PER CURIAM:* Sergio Marquez-Mendoza (Marquez) appeals his guilty plea conviction and sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326. He argues that his case should be remanded so the district court can consider the disparity created by early disposition programs. He also contends that the selective implementation of "fast-track" programs violates the Equal Protection Clause. The Government has moved to dismiss the appeal, for summary

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR.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. 08-11094 affirmance, or, in the alternative, for an extension of time to file an appellate brief. As Marquez concedes, his appellate arguments are foreclosed by our precedent. See United States v. Gomez-Herrera, 523 F.3d 554, 563 n.4 (5th Cir.), cert. denied, 129 S. Ct. 624 (2008); United States v. Rodriguez, 523 F.3d 519, 526 (5th Cir.), cert. denied, 129 S. Ct. 624 (2008). He raises these arguments solely to preserve them for further review. Accordingly, the district court's judgment is AFFIRMED. The

Government's motion for summary affirmance is GRANTED. The Government's motion to dismiss the appeal and its alternative motion for an extension of time to file an appellate brief are DENIED.

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