USA v. Adalberto Terrazas-Guerrero

Filing

UNPUBLISHED OPINION FILED. [10-51014 Affirmed ] Judge: EHJ , Judge: CES , Judge: LHS Mandate pull date is 07/12/2011 for Appellant Adalberto Terrazas-Guerrero; granting motion for summary affirmance filed by Appellee USA [6765764-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6765764-3] [10-51014]

Case: 10-51014

Document: 00511515478

Page: 1

Date Filed: 06/21/2011

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit
FILED
No. 10-51014
Conference Calendar

June 21, 2011
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ADALBERTO TERRAZAS-GUERRERO,
Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:10-CR-1415-1

Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Adalberto Terrazas-Guerrero
presents arguments that he concedes are foreclosed by United States v. GomezHerrera, 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).

*

The Government’s motion for summary affirmance is

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-51014

Document: 00511515478

Page: 2

Date Filed: 06/21/2011

No. 10-51014
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