Case: 11-50996 Document: 00511891204 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. 11-50996
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DANIEL CARPIO-HERNANDEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:11-CR-1327-1
Before DAVIS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Daniel Carpio-Hernandez
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
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50996 Document: 00511891204 Page: 2 Date Filed: 06/19/2012
No. 11-50996
GRANTED, its alternative motion for an extension of time to file a brief is
DENIED, and the judgment of the district court is AFFIRMED.
2