USA v. Evaristo Salinas-Melendez


UNPUBLISHED OPINION FILED. [10-51056 Affirmed ] Judge: EHJ , Judge: CES , Judge: LHS Mandate pull date is 07/12/2011 for Appellant Evaristo Salinas-Melendez; granting motion for summary affirmance filed by Appellee USA [6785449-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6785449-3] [10-51056]

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Case: 10-51056 Document: 00511515682 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. 10-51056 Conference Calendar June 21, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EVARISTO SALINAS-MELENDEZ, also known as Evaristo Salinas, also known as Evaristo Salinas, Jr., Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:10-CR-2148-1 Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Evaristo Salinas-Melendez presents arguments that he concedes are foreclosed by United States v. Gomez-Herrera, 523 F.3d 554, 562-63 (5th Cir. 2008), which held that the disparity in sentences that occurs because some defendants can participate in a fast-track program while others cannot is not “unwarranted” within the meaning of 18 U.S.C. § 3553(a)(6). The Government’s motion for summary * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-51056 Document: 00511515682 Page: 2 Date Filed: 06/21/2011 No. 10-51056 affirmance is GRANTED, the Government’s 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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