Case: 11-51114 Document: 00511891239 Page: 1 Date Filed: 06/19/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 19, 2012
No. 11-51114
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ROBERTO MORA-SEPULVEDA, also known as Walter Nunez, also known as
Tulio Ochoa Torres, also known as Robert Sepulveda Mora,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:11-CR-1865-1
Before DAVIS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Roberto Mora-Sepulveda raises
an argument that he concedes is foreclosed by United States v. Gomez-Herrera,
523 F.3d 554, 562-63 (5th Cir. 2008), which rejected the argument that fast track
programs create unwarranted disparities between defendants in districts that
have the programs and defendants in districts that do not have such programs.
The Government’s motion for summary affirmance is GRANTED, its alternative
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-51114 Document: 00511891239 Page: 2 Date Filed: 06/19/2012
No. 11-51114
motion for an extension of time to file a brief is DENIED, and the judgment of
the district court is AFFIRMED.
2