Case: 11-50640 Document: 00511761505 Page: 1 Date Filed: 02/17/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 17, 2012
No. 11-50640
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE LUIS REA-BELTRAN,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:11-CR-482-1
Before HIGGINBOTHAM, GARZA, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Jose Luis Rea-Beltran 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 affirmance is GRANTED,
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50640 Document: 00511761505 Page: 2 Date Filed: 02/17/2012
No. 11-50640
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