United States v. Francisco Renteria-Vazquez

Case: 11-50617 Document: 00511824490 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. 11-50617 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FRANCISCO LORENZO RENTERIA-VAZQUEZ, also known as Francisco Renteria, also known as Juan Garcia, also known as Francisco Lorenzo Renteria-Vasquez, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:11-CR-488-1 Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Francisco Lorenzo Renteria- Vazquez 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50617 Document: 00511824490 Page: 2 Date Filed: 04/17/2012 No. 11-50617 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 of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.