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,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
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 § 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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