IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 30, 2009
No. 08-10753 c/w
No. 08-10854 Charles R. Fulbruge III
Conference Calendar Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
SERGIO CARRASCO-FLORES
Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 6:08-CR-6-ALL
Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.
PER CURIAM:*
Sergio Carrasco-Flores appeals the 24-month sentence imposed following
his plea of guilty to one count of unlawful reentry in violation of 8 U.S.C. § 1326.
In his sole issue on appeal, Carrasco-Flores raises arguments that are foreclosed
by United States v. Gomez-Herrera, 523 F.3d 554, 557-64 (5th Cir.), cert. denied,
129 S. Ct. 624 (2008), which held that any disparity in sentencing between fast-
track and non-fast-track jurisdictions is a function of Congressional policy and
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 08-10753 c/w
No. 08-10854
is not “unwarranted” under 18 U.S.C. § 3553(a)(6). Carrasco-Flores concedes as
much but asserts that he wishes to preserve the issue for further review.
Carrasco-Flores raised additional sentencing arguments in the district court,
which he does not raise here. He also appealed the revocation of a previously-
imposed term of supervised release, and the two appeals were consolidated. As
the sole issue raised in his brief pertains to the foreclosed fast-track disparity
argument, he has abandoned all other issues. See United States v. Trujillo, 502
F.3d 353, 360 & n.30 (5th Cir. 2007).
The Government’s motion for summary affirmance is GRANTED, and the
judgment of the district court is AFFIRMED. The Government’s motion to
dismiss and its alternative motion for an extension of time to file a brief are
DENIED as unnecessary.
2