Case: 11-30393 Document: 00511699025 Page: 1 Date Filed: 12/19/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 19, 2011
No. 11-30393
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RAMON RODRIGUEZ-BERMUDEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:10-CR-107-1
Before KING, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Ramon Rodriguez-Bermudez
presents 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
*
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should not be published and is not precedent except under the limited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: 11-30393 Document: 00511699025 Page: 2 Date Filed: 12/19/2011
No. 11-30393
affirmance is GRANTED, the Government’s alternative motion for an extension
of time to file a brief is DENIED, and the judgment of the district court is
AFFIRMED.
2