USA v. Leonal Roman-Cardenas

Filing 920100218

Case: 09-10470

Document: 00511027020

Page: 1

Date Filed: 02/12/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-10470 Conference Calendar February 12, 2010 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. LEONAL ROMAN-CARDENAS, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:08-CR-84-1

Before GARZA, DENNIS, and ELROD, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Leonal Roman-Cardenas presents arguments that he concedes are foreclosed by United States v. Gomez-Herrera, 523 F.3d 554, 563 (5th Cir.), cert. denied, 129 S. Ct. 624 (2008), which rejected the argument that the Guidelines produce unwarranted sentencing disparities between defendants who can participate in a fast-track program and defendants who cannot. The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
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