Case: 12-10522 Document: 00512146584 Page: 1 Date Filed: 02/19/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 19, 2013
No. 12-10522
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE ARRIAGA-MORALES,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:11-CR-293-1
Before KING, CLEMENT, and HAYNES, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Jose Arriaga-Morales 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 district court may not award an
additional one-level reduction under U.S. Sentencing Guidelines Manual
§ 3E1.1(b) absent a motion from the Government and that the Government may
decline to move for the reduction based on the defendant’s refusal to waive his
right to appeal. Accordingly, the Government’s motion for summary affirmance
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10522 Document: 00512146584 Page: 2 Date Filed: 02/19/2013
No. 12-10522
is 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