United States v. Juan Grajeda-Gonzalez

Case: 12-10114 Document: 00511964048 Page: 1 Date Filed: 08/21/2012

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
August 21, 2012
No. 12-10114
Conference Calendar Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JUAN GRAJEDA-GONZALEZ,

Defendant-Appellant

Appeals from the United States District Court
for the Northern District of Texas
USDC No. 3:11-CR-163-1

Before SMITH, ELROD, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Juan Grajeda-Gonzalez raises
arguments that he concedes are foreclosed by United States v. Newson, 515 F.3d
374 (5th Cir. 2008), which held that the Government may decline to move for an
additional one-level reduction under United States Sentencing Guidelines
§ 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 extension of time to file a brief is DENIED, and the
judgment of the district court is AFFIRMED.

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.