Case: 13-40174 Document: 00512347394 Page: 1 Date Filed: 08/20/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 20, 2013
No. 13-40174
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SERGIO TORRES-TORRES, also known as Sergio Torres,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:12-CR-602-1
Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Sergio Torres-Torres raises an
argument that he concedes is foreclosed by United States v. Newson, 515 F.3d
374, 378-79 (5th Cir. 2008), which held that the Government may decline to
move for an additional one-point reduction under U.S.S.G. § 3E1.1(b) based on
the defendant’s refusal to waive his right to appeal. The appellant’s motion for
summary disposition is GRANTED, and the judgment of the district court is
AFFIRMED.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.