USA v. Andres Hernandez-Villafuerte

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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