USA v. Andres Hernandez-Villafuerte


UNPUBLISHED OPINION FILED. [11-50636 Affirmed ] Judge: EHJ , Judge: EGJ , Judge: JES Mandate pull date is 05/08/2012 for Appellant Andres Hernandez-Villafuerte; granting motion for summary affirmance filed by Appellee USA [7000512-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [7000512-3] [11-50636]

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Case: 11-50636 Document: 00511824530 Page: 1 Date Filed: 04/17/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50636 Conference Calendar April 17, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ANDRES HERNANDEZ-VILLAFUERTE, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:10-CR-1648-1 Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Andres Hernandez-Villafuerte raises 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 affirmance is GRANTED, the Government’s alternative motion for an extension * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50636 Document: 00511824530 Page: 2 Date Filed: 04/17/2012 No. 11-50636 of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2

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