USA v. Adalberto Terrazas-Guerrero


UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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

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