Case: 11-50636 Document: 00511824530 Page: 1 Date Filed: 04/17/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 17, 2012
No. 11-50636
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ANDRES HERNANDEZ-VILLAFUERTE,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:10-CR-1648-1
Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Andres Hernandez-Villafuerte
raises 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, the Government’s alternative motion for an extension
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50636 Document: 00511824530 Page: 2 Date Filed: 04/17/2012
No. 11-50636
of time to file a brief is DENIED, and the judgment of the district court is
AFFIRMED.
2