United States v. Victor Sanchez

Case: 11-41036 Document: 00511824248 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. 11-41036
Conference Calendar Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

VICTOR VILLANUEVA SANCHEZ,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:11-CR-607-1

Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Victor Villanueva Sanchez
raises arguments that are foreclosed by United States v. Newson, 515 F.3d 374,
377-78 (5th Cir. 2008), which held that the Government may decline to move for
an additional one-point reduction under U.S.S.G. § 3E1.1(b) based on the
defendant’s refusal to waive his right to appeal. The Government’s motion for
summary affirmance is GRANTED, the Government’s alternative motion for an

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-41036 Document: 00511824248 Page: 2 Date Filed: 04/17/2012

No. 11-41036

extension of time to file a brief is DENIED, and the judgment of the district
court is AFFIRMED.

2