USA v. Roberto Mora-Sepulveda


UNPUBLISHED OPINION FILED. [11-51114 Affirmed ] Judge: WED , Judge: CES , Judge: ECP Mandate pull date is 07/10/2012 for Appellant Roberto Mora-Sepulveda; granting motion for summary affirmance filed by Appellee USA [7051174-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [7051174-3] [11-51114]

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Case: 11-51114 Document: 00511891239 Page: 1 Date Filed: 06/19/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-51114 Conference Calendar June 19, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROBERTO MORA-SEPULVEDA, also known as Walter Nunez, also known as Tulio Ochoa Torres, also known as Robert Sepulveda Mora, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:11-CR-1865-1 Before DAVIS, STEWART, and PRADO, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Roberto Mora-Sepulveda raises an argument that he concedes is foreclosed by United States v. Gomez-Herrera, 523 F.3d 554, 562-63 (5th Cir. 2008), which rejected the argument that fast track programs create unwarranted disparities between defendants in districts that have the programs and defendants in districts that do not have such programs. The Government’s motion for summary affirmance is GRANTED, its alternative * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-51114 Document: 00511891239 Page: 2 Date Filed: 06/19/2012 No. 11-51114 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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