Case: 12-10188 Document: 00512021213 Page: 1 Date Filed: 10/16/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 16, 2012
No. 12-10188
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ELIAS RAMIREZ-PEINADO,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:11-CR-42-1
Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Elias Ramirez-Peinado raises
arguments that he concedes are 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.
He also raises arguments that he concedes are foreclosed by United States v.
Newson, 515 F.3d 374, 377-78 (5th Cir. 2008), which held that the Government
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10188 Document: 00512021213 Page: 2 Date Filed: 10/16/2012
No. 12-10188
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.
2