Case: 12-10385 Document: 00512085956 Page: 1 Date Filed: 12/17/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 17, 2012
No. 12-10385
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ELISEO PORTILLO-ARRAS, also known as Samuel Portillo-Ogaz,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:11-CR-63-1
Before DAVIS, OWEN, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Eliseo Portillo-Arras raises an
argument that he concedes is 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 United States Sentencing
Guideline § 3E1.1(b) based on the defendant’s refusal to waive his right to
appeal. The Government’s motion for summary affirmance is GRANTED, its
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10385 Document: 00512085956 Page: 2 Date Filed: 12/17/2012
No. 12-10385
alternative motion for an extension of time to file a brief is DENIED, and the
judgment of the district court is AFFIRMED.
2