Case: 09-10470 Document: 00511027020 Page: 1 Date Filed: 02/12/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 12, 2010
No. 09-10470
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
LEONAL ROMAN-CARDENAS,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:08-CR-84-1
Before GARZA, DENNIS, and ELROD, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Leonal Roman-Cardenas
presents arguments that he concedes are foreclosed by United States v.
Gomez-Herrera, 523 F.3d 554, 563 (5th Cir.), cert. denied, 129 S. Ct. 624 (2008),
which rejected the argument that the Guidelines produce unwarranted
sentencing disparities between defendants who can participate in a fast-track
program and defendants who cannot. The Government’s motion for summary
affirmance 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.