USA v. Evaristo Salinas-Melendez

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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