USA v. Domingio Tax-Garcia


UNPUBLISHED OPINION FILED. [13-40124 Affirmed ] Judge: JLW , Judge: PRO , Judge: CH Mandate pull date is 12/02/2013 for Appellant Domingio Isaias Tax-Garcia [13-40124]

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Case: 13-40124 Document: 00512435245 Page: 1 Date Filed: 11/08/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40124 Summary Calendar United States Court of Appeals Fifth Circuit FILED November 8, 2013 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. DOMINGIO ISAIAS TAX-GARCIA, also known as Domingo Isaias Tax-Garcia, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-765-1 Before WIENER, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * Defendant-Appellant Domingio Tax-Garcia was convicted of one charge of illegal reentry into the United States, and the district court imposed a within-guidelines sentence of 60 months in prison and a three-year term of supervised release. Tax-Garcia contends on appeal that the district court erred by refusing to award him a third point for acceptance of responsibility under United States Sentencing Guidelines ยง 3E1.1(b) after the government refused 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40124 Document: 00512435245 Page: 2 Date Filed: 11/08/2013 No. 13-40124 to move for the reduction because he would not waive his right of appeal. This argument is foreclosed by United States v. Newson, 515 F.3d 374, 376-79 (5th Cir. 2008). AFFIRMED. 2

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