USA v. Mario Reyes-Burgos

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USA v. Mario Reyes-Burgos

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Case: 09-50903

Document: 00511205613

Page: 1

Date Filed: 08/17/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-50903 C o n fe r e n c e Calendar August 17, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. M A R I O REYES-BURGOS, also known as Mario Burgos, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Western District of Texas U S D C No. 3:09-CR-1363-1

B e fo r e DAVIS, SMITH, and WIENER, Circuit Judges. P E R CURIAM:* M ario Reyes-Burgos appeals the sentence imposed following his guilty plea con v ic t io n for illegal reentry following deportation in violation of 8 U.S.C. § 1326. Reyes-Burgos contends that his within-guidelines sentence was unreasonable b e c a u s e the district court failed to consider the unwarranted sentencing d is p a r it y that exists between defendants sentenced in the Western District of T e x a s , which does not have a fast-track program, and defendants sentenced in

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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Case: 09-50903

Document: 00511205613 Page: 2 No. 09-50903

Date Filed: 08/17/2010

d is t r ic t s that do have such a program.

He concedes that his argument is

fo r e c lo s e d by circuit precedent but seeks to preserve the issue for further review. A s Reyes-Burgos concedes, his argument is foreclosed by United States v. G o m e z -H e r r e r a , 523 F.3d 554, 563 (5th Cir. 2008), where we held that the d is p a r it y caused by fast-track programs is not "unwarranted" and does not p r o v i d e grounds for a sentence reduction. ju d g m e n t is AFFIRMED. Accordingly, the district court's

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